Anda di halaman 1dari 80

TABLE OF CONTENTS

CIVIL LOCAL RULES

Page(s)

I. SCOPE OF RULES - ONE FORM OF ACTION


LR 1: LR 1.1 A B C D Scope and Purpose of Rules ........................................... Title; Effective Date; Definitions; Compliance and Construction ................................................................... Title ...................................................................................... Effective Date; Transitional Provision ................................. Scope of Rules; Construction ............................................... Definitions ............................................................................ CV-15

CV- 15 CV- 15 CV- 15 CV- 15 CV- 16

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS


LR 3: LR 3.1 Commencement of Action ............................................. Divisions of Court - Venue ............................................. A Four Divisions ...................................................................... B Venue and Transfer of Venue for Civil Actions .................... (1) Defendants .................................................................... (2) Plaintiffs ........................................................................ (3) Where the Cause of Action Arose ................................ (4) Transfer of Venue ......................................................... Advance Payment of Filing Fees ................................. A Advance Payment Generally Required ................................. B Failure to Remit Fee .............................................................. CV- 16 CV- 16 CV- 16 CV- 16 CV- 16 CV- 17 CV- 17 CV- 17 CV- 17 CV- 17 CV- 17

LR 3.2

CV - 1

Page(s) LR 3.3 Certificate of Interested Persons and Corporate Disclosure Statement .................................. A Purpose and Scope ................................................................ B Duties of Counsel ................................................................. C Form of Certificate ............................................................... CV- 17 CV- 17 CV- 18 CV- 18

LR 5: LR 5.1 A B C D E F G H I J K L LR 5.2 LR 5.3 LR 5.4

Service and Filing of Pleadings and Other Papers ...... Electronic and Paper Documents; Format; Legibility Electronic ............................................................................. Paper .................................................................................... Type; Format ....................................................................... Margins ................................................................................ Numbering ........................................................................... Citations ............................................................................... Counsel Identification .......................................................... Civil Cover Sheet ................................................................. Flat Filing ............................................................................ Captions on Pleadings ........................................................... Civil Case Numbers ............................................................. Pleadings Filed by Attorneys Appearing Pro Hac Vice ............. Additional and Courtesy Copies ................................... Special Requirements for I.R.S. Jeopardy Assessments Service and Filing of Discovery Material ..................... A Filing Not Generally Required ............................................. B Selective Filing Required for Motions, Trial & Appeal .......

CV- 19 CV- 19 CV- 19 CV- 19 CV- 19 CV- 20 CV- 20 CV- 20 CV- 20 CV- 20 CV- 20 CV- 20 CV- 20 CV- 21 CV- 21 CV- 21 CV- 21 CV- 21 CV- 22

CV - 2

Page(s)

III. PLEADINGS AND MOTIONS


LR 7: LR 7.1 A B C D E F LR 7.2 A B C D E F LR 7.3 LR 7.4 LR 7.5 Pleadings Allowed: Form of Motions ............................. Filing of Motions and Responses; Hearings ................. Filing of Motions .................................................................. Response to Motion ............................................................. Reply ................................................................................... Page and Type Limitations ................................................... Hearings ............................................................................... Effect of Noncompliance ..................................................... Specific Motions ............................................................. Motions Pending on Removal .............................................. Emergency Motions ............................................................. Motions to Compel Discovery ............................................. Motions for Summary Judgment .......................................... Motions for Reconsideration ................................................ Daubert Motions .................................................................. Oral Rulings on Motions ............................................... Restrictions on Letter Communications to Judges ...... Applications to Judges in Chambers ............................ A Judge to Whom Request Submitted ..................................... B Proper Notice to Adversary ................................................... Pleading Special Matters ............................................... Three-Judge Court ......................................................... Form of Pleadings ........................................................... Captions on Pleadings .................................................... CV- 22 CV- 22 CV- 22 CV- 22 CV- 22 CV- 23 CV- 23 CV- 23 CV- 23 CV- 23 CV- 23 CV- 23 CV- 23 CV- 23 CV- 24 CV- 24 CV- 24 CV- 24 CV- 24 CV- 24 CV- 25 CV- 25 CV- 25 CV- 25

LR 9: LR 9.1 LR 10: LR 10.1

CV - 3

Page(s) LR 11: Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions ............................ Counsel Identification ..................................................... Amended and Supplemental Proceedings .................... Amended Pleadings ........................................................ Pretrial Conferences; Scheduling; Management ......... Early Planning Conferences .......................................... Joint Preliminary Report and Discovery Plan ............. Conference After Discovery ........................................... CV- 25 CV- 25 CV- 26 CV- 26 CV- 26 CV- 26 CV- 26 CV- 28 CV- 28 CV- 28 CV- 29 CV- 33

LR 11.1 LR 15: LR 15.1 LR 16: LR 16.1 LR 16.2 LR 16.3

LR 16.4 Consolidated Pretrial Order ......................................... A Procedure ............................................................................. B Content ................................................................................ LR 16.5 LR 16.6 Sanctions .........................................................................

Pretrial Objections to Trial Exhibits, Documentary Evidence and Testimony ................................................. A Exhibits ................................................................................ B Testimony ............................................................................. Alternative Dispute Resolution Plan ............................. Purpose ................................................................................ Description of ADR Program .............................................. Definitions ............................................................................ Requirement to Consider ADR ............................................ Notification of Referral ........................................................ Selection of ADR Neutral .................................................... Disqualification of ADR Neutrals ........................................ CV - 4

CV- 33 CV- 33 CV- 33 CV- 33 CV- 33 CV- 34 CV- 34 CV- 35 CV- 35 CV- 35 CV- 36

LR 16.7 A B C D E F G

Page(s) H I J K L M Required Submissions Before ADR Conferences ................. Procedure Applicable to All ADR Conferences .................... Procedure at Mediation Conference ...................................... Procedure at ENE Conference ............................................. Report to the Court .............................................................. Fee ....................................................................................... CV- 36 CV- 36 CV- 37 CV- 38 CV- 39 CV- 39

IV. PARTIES
LR 23: Class Actions .................................................................. CV- 40 CV- 40 CV- 40 CV- 40 CV- 40 CV- 40 CV- 41 CV- 41 CV- 41 CV- 41 CV- 41 CV- 43

LR 23.1 Class Actions .................................................................. A Complaint, Counterclaims, Crossclaims .............................. (1) Caption ......................................................................... (2) Class Action Allegations .............................................. B Class Certification ................................................................. C Communications with Actual Putative Class Members ................................................... (1) Purpose ......................................................................... (2) Restrictions on Communications .................................. (3) Restrictions Applicable to All Class Actions ................ (4) Class Actions under the Private Securities Litigation Reform Act of 1995 .................................... (5) Ethical and Other Obligations Not Affected .................

V. DEPOSITIONS AND DISCOVERY


LR 26: General Provisions Governing Discovery; Duty Of Disclosure .................................................................. CV- 44 CV- 44 CV- 44 CV- 44 CV- 44

LR 26.1 Initial and Expert Disclosures ....................................... A Applicability ........................................................................ B Procedures ........................................................................... (1) Standard Form .............................................................. CV - 5

Page(s) (2) Multiple Parties ............................................................ (3) Attorneys Signature Required ..................................... (4) Removed Cases ............................................................ C Supplementation and Amendment of Disclosures ................. LR 26.2 Discovery Period ............................................................ A Commencement; Length ...................................................... B Adjustments to Discovery Period ......................................... C Expert Witnesses ................................................................. LR 26.3 Service and Filing of Discovery Material ..................... A Filing Not Generally Required ............................................. B Selective Filing Required for Motions, Trial and Appeal ...... LR 30: Depositions Upon Oral Examination ............................ CV- 44 CV- 44 CV- 44 CV- 44 CV- 45 CV- 45 CV- 45 CV- 45 CV- 46 CV- 46 CV- 46 CV- 46 CV- 46

LR 30.1 Expert Witnesses ............................................................ Refer to LR 26.2C LR 37: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions .........................................................................

CV- 46 CV- 46 CV- 46 CV- 47 CV- 47

LR 37.1 Motions to Compel A Disclosure or Discovery ............. A Form .................................................................................... B Time for Filing ..................................................................... C Procedures ...........................................................................

VI. TRIALS
LR 39: Trial by Jury or By The Court ...................................... CV- 47 CV- 47

LR 39.1 Pleadings and Exhibits; Appeal Records; Closed Files Refer to LR 79.1 LR 39.2 Taxation of Costs in Late-Settling Cases ....................... CV - 6

CV- 47

Page(s) A Settlement Before Trial ........................................................ B Settlement Before Verdict ..................................................... LR 39.3 Attorneys: At Trial ........................................................ A Presence During Trial .......................................................... (1) Presence Required ......................................................... (2) Presumptions ................................................................. B Limitations on Participation ................................................. (1) Witness Examination ...................................................... (2) Argument to the Jury ...................................................... (3) Attorney as Witness ........................................................ LR 39.4 Restrictions on Media and Release of Information ..... Refer to LR 83.4 LR 39.5 Continuances .................................................................. A Generally .............................................................................. B Absence of Witnesses .......................................................... LR 40: LR 40.1 LR 41: LR 41.1 Assignment of Cases for Trial ....................................... Trial Calendar ................................................................ Dismissal of Actions ....................................................... Voluntary Dismissal ....................................................... CV- 47 CV- 48 CV- 48 CV- 48 CV- 48 CV- 48 CV- 48 CV- 48 CV- 48 CV- 49 CV- 49

CV- 49 CV- 49 CV- 49 CV- 49 CV- 49 CV- 49 CV- 49 CV- 50 CV- 50 CV- 50 CV- 50 CV- 50 CV- 50 CV- 50

LR 41.2 Dismissal Without Prejudice ......................................... A Omission of Response Date on Summons ........................... B Failure to Effectuate Service of Process ............................... C Failure to Update Office Address and Number .................... LR 41.3 Dismissal for Want of Prosecution ............................... A Dismissal Authorized ........................................................... B Adjudication on the Merits ..................................................

CV - 7

Page(s) LR 43: LR 43.1 LR 43.2 LR 47: LR 47.1 LR 47.2 LR 47.3 LR 49: LR 49.1 LR 51: Taking of Testimony ...................................................... Deposition Testimony at Trial ....................................... Excusal of Witnesses ...................................................... Selection of Jurors ......................................................... Jury Selection and Qualification ................................... Voir Dire Procedures ..................................................... Restricted Contact with Jurors ...................................... Special Verdicts and Interrogatories ............................ Special Verdicts ............................................................... Instructions to Jury; Objection ...................................... CV- 51 CV- 51 CV- 51 CV- 51 CV- 51 CV- 51 CV- 52 CV- 52 CV- 52 CV- 52 CV- 52 CV- 52 CV- 52 CV- 53 CV- 53

LR 51.1 Requests to Charge ........................................................ A When Due; Procedures ........................................................ B Content Sources ................................................................... LR 53: LR 53.1 Masters ........................................................................... Service as Special Master ..............................................

VII. JUDGMENT
LR 54: LR 54.1 LR 54.2 Judgment Costs .............................................................. Bill of Costs ..................................................................... Attorneys Fees ............................................................... CV - 8 CV- 53 CV- 53 CV- 53

Page(s) A Procedure for Determination ................................................ LR 55: Default ............................................................................ CV- 53 CV- 54 CV- 54 CV- 54 CV- 54 CV- 54 CV- 54 CV- 54 CV- 55 CV- 56 CV- 56 CV- 56 CV- 56 CV- 57 CV- 57 CV- 57

LR 55.1 Magistrate Judges: Default Judgment ......................... A Pretrial Matters on Reference from Judge ............................ LR 56: LR 56.1 A B C D LR 58: LR 58.1 LR 58.2 Summary Judgment ...................................................... Motions for Summary Judgment .................................. Generally ............................................................................. Form of Motion ................................................................... Exhibits ................................................................................ Time .................................................................................... Entry of Judgment ........................................................ Filing of Orders .............................................................. Satisfaction of Judgment ...............................................

LR 58.3 Remittiturs ..................................................................... A Judgment Affirmed or Appeal Dismissed ............................ B Judgment Modified, Vacated or Reversed ...........................

VIII. PROVISIONAL AND FINAL REMEDIES


LR 64: LR 64.1 LR 65: LR 65.1 Seizure of Person or Property ....................................... Enforcement of Internal Revenue Laws ....................... Injunctions and Restraining Orders ............................. Request to Judge for Immediate Order ......................... CV- 57 CV- 57 CV- 57 CV- 57

CV - 9

Page(s) LR 65.2 LR 65.1: Motions to Waive Usual Procedures ............................. Security: Proceedings Against Sureties ........................ CV- 58 CV- 58 CV- 58 CV- 58 CV- 58 CV- 58 CV- 58 CV- 58 CV- 59

LR 65.1.1 Procedures Relating to Bonds ....................................... A Approval of Surety by Clerk ................................................ B Officers of Court Not Accepted as Surety ............................ C Surety Qualifications for Bonds for Costs ............................. D Bonds Where Minor Involved ............................................. E Bonds for Costs on Appeal .................................................. LR 67: LR 67.1 A Deposit in Court ............................................................. Registry Funds and Other Funds in the Custody of the Clerk of Court ..................................................... Registry Fund Accounts ........................................................ (1) Generally ....................................................................... (2) Designated and Qualified Settlement Funds .................. Receipt and Deposit of Registry Funds ................................ (1) Registry Administration Fee .......................................... (2) Deposits into United States Treasury ............................ (3) Deposits into Interest-Bearing Accounts ....................... (4) Next Friend Cases ......................................................... (5) Cash Security for Criminal Bonds ................................. Investment of Registry Funds .............................................. (1) Investment at Another Depository .................................. (2) Release to Trustee ......................................................... (3) Transfer of Funds to Registry ........................................ (4) Beneficiaries .................................................................. Disbursement of Registry Funds .......................................... (1) Motion for Disbursement .............................................. (2) Order of Disbursal ......................................................... (3) Payee Name .................................................................. (4) Time of Disbursement ................................................... Disbursement of Monies Other than Registry Funds ........... Execution ........................................................................ CV - 10

E LR 69:

CV- 59 CV- 59 CV- 59 CV- 59 CV- 60 CV- 60 CV- 60 CV- 60 CV- 61 CV- 61 CV- 61 CV- 61 CV- 61 CV- 61 CV- 61 CV- 62 CV- 62 CV- 62 CV- 62 CV- 62 CV- 62 CV- 63

Page(s) LR 69.1 Issuance of Writs of Execution ...................................... CV- 63

IX. SPECIAL PROCEEDINGS


LR 71A: LR 71A.1 LR 72: Condemnation of Property ............................................ Master File for Separate Actions ...................................... Magistrate Judges: Pretrial Orders .............................. CV- 63 CV- 63 CV- 63 CV- 63 CV- 63 CV- 63 CV- 64 CV- 64 CV- 64 CV- 64 CV- 64 CV- 65

LR 72.1 Magistrate Judges: Civil Jurisdiction and Duties ........ A Non-Dispositive Pretrial Matters on Reference From District Judge ............................................................ B Dispositive Motions on Reference from District Judge ........ C Prisoner Petitions ................................................................. D Assignments to a Magistrate Judge ...................................... LR 73: Magistrate Judges: Trial by Consent and Appeal Options

LR 73.1 Trials of Civil Cases Upon Consent of Parties ............. A Jurisdiction ........................................................................... B Procedure .............................................................................

X. DISTRICT COURTS AND CLERKS


LR 77: District Courts and Clerks ............................................. CV- 65 CV- 65 CV- 65 CV- 65 CV- 66 CV- 66

LR 79: Books and Records Kept by the Clerk and Entries Therein LR 79.1 Pleadings and Exhibits; Appeal Records; Closed Files A Removal of Pleadings .......................................................... B Filing of Exhibits ................................................................. (1) Admitted Exhibits ......................................................... CV - 11

Page(s) (2) Rejected Exhibits ......................................................... (3) Withdrawn Exhibits ..................................................... Inspection and Copying of Exhibits ..................................... (1) Sensitive Exhibits ......................................................... (2) Sealed Exhibits ............................................................. (3) Other Exhibits .............................................................. (4) Presence of Clerk Required .......................................... Return of Exhibits ................................................................ (1) Generally ...................................................................... (2) Reclamation and Disposition of Unclaimed Exhibits ... Availability of Exhibits for Inspection or Appeal ................ Chain of Custody ................................................................. Transcripts ........................................................................... Appeal Records .................................................................... Closed Files ......................................................................... CV- 66 CV- 66 CV- 66 CV- 66 CV- 66 CV- 66 CV- 66 CV- 67 CV- 67 CV- 67 CV- 67 CV- 67 CV- 67 CV- 67 CV- 68

E F G H I

XI. GENERAL PROVISIONS LR 83: Rules by District Courts ................................................ CV- 68 CV- 68 CV- 68 CV- 68 CV- 68 CV- 69 CV- 69 CV- 69 CV- 69 CV- 70 CV- 70 CV- 70 CV- 70 CV- 70 CV- 71 CV- 71 CV- 71

LR 83.1 Attorneys: Admission to Practice Before The Court ... A Admission to the Bar of this Court ...................................... (1) Eligibility ...................................................................... (2) Admissions Procedure ................................................... (3) Attorneys for United States ........................................... B Permission to Practice in a Particular Case .......................... (1) Eligibility and Procedure ............................................... (2) Designation and Duties of Local Counsel ...................... C Standard of Professional Conduct ........................................ D Appearances ......................................................................... (1) In Civil Cases ................................................................ (2) Pro Se Appearance Limitations ..................................... (3) Duty to Supplement ...................................................... E Withdrawal .......................................................................... (1) Withdrawal Policy ......................................................... (2) Motions to Withdraw .................................................... CV - 12

Page(s) (3) Leave of Absence .......................................................... (4) Responsibilities of Party Upon Removal of Attorney ..... F Attorney Discipline .............................................................. (1) Discipline by Other Courts; Criminal Convictions ........ (2) Misconduct .................................................................... (3) Right to a Hearing ......................................................... (4) Sanctions ....................................................................... (5) Committee on Discipline ............................................... (6) Contempt of Court ........................................................ (7) Unauthorized Practice ................................................... (8) Reinstatement ................................................................ LR 83.2 Trial Related Local Rules ............................................. A Taxation of Costs in Late-Settling Cases ............................. Refer to LR 39.2 B Attorneys at Trial ................................................................. Refer to LR 39.3 LR 83.3 Petitions to Stay Execution of State Court Judgments; Habeas Corpus Petitions ............................................... A Procedure for Petitioning to Stay ......................................... B Successive Petitions ............................................................ CV- 72 CV- 72 CV- 72 CV- 72 CV- 73 CV- 74 CV- 74 CV- 74 CV- 74 CV- 74 CV- 75 CV- 75 CV- 75 CV- 75

CV- 75 CV- 75 CV- 75 CV- 76 CV- 76 CV- 76 CV- 77 CV- 77 CV- 77 CV- 77 CV- 78

LR 83.4 Restrictions on Media and Release of Information ..... A Television and Radio Broadcasting, Tape Recording, Or Photographing Judicial Proceedings ............................. B Provisions for Special Orders in Widely Publicized or Sensational Civil Cases ...................................................... LR 83.5 Weapons Not Allowed in Courthouse ........................... A Weapons Not Allowed ......................................................... B Checking of Weapons .......................................................... C Sanction for Noncompliance ................................................ LR 83.6 Certificate of Interested Persons ................................... Refer to LR 3.3 CV - 13

Page(s) LR 83.7 Bankruptcy Judges ........................................................ A Delegated Jurisdiction .......................................................... B Jury Trials in Bankruptcy Court ........................................... LR 83.8 Truth-In-Lending Actions ............................................. A Referral to Magistrate Judges ............................................... LR 83.9 Administrative Appeals ................................................. A Social Security Actions ........................................................ B Other Administrative Appeals .............................................. LR 83.11 Internal Revenue Actions .............................................. A Review of Jeopardy Assessments ........................................ B Enforcement of Internal Revenue Summonses .................... C Enforcement of Internal Revenue Laws ............................... LR 84: LR 84.1 A B C D Forms .............................................................................. Appendix B: Documents Associated With Civil Cases (Appendix B) ............................................... Plaintiffs Initial Disclosures ................................................ (App. B, Form I.A.) Defendants Initial Disclosures ............................................ (App. B, Form I.B.) Joint Preliminary Report and Discovery Plan ...................... (App. B, Form II) Pretrial Order (App. B, Form III) ......................................... CV- 78 CV- 78 CV- 78 CV- 78 CV- 78 CV- 78 CV- 78 CV- 79 CV- 79 CV- 79 CV- 79 CV- 79 CV- 79

APP.B- 1 APP.B- 2 APP.B- 4 APP.B- 7 APP.B-16

CV - 14

CIVIL LOCAL RULES I. SCOPE OF RULES - ONE FORM OF ACTION


LR 1: LR 1.1 SCOPE AND PURPOSE OF RULES TITLE; EFFECTIVE DATE; DEFINITIONS; COMPLIANCE AND CONSTRUCTION Title.

A.

These are the Civil Local Rules of Practice for the United States District Court for the Northern District of Georgia. They may be cited as "LR __, NDGa." B. Effective Date; Transitional Provision.

These rules govern all civil actions and proceedings pending on or commenced after April 15, 1997, except to the extent that in the opinion of the district judge to whom the case is assigned, their application in an action or proceeding pending on April 15, 1997, would not be feasible or would work an injustice. C. Scope of Rules; Construction.

These rules supplement the Federal Rules of Civil Procedure and shall be construed so as to be consistent with those Rules and to promote the just, efficient, and economical determination of every action and proceeding, except that the rules shall not

CV - 15

apply to those proceedings where they may be inconsistent with rules or provisions of law specifically applicable thereto. Definitions. (1) The word "court" refers to the United States District Court for the Northern District of Georgia and not to any particular judge or magistrate judge of the court. (2) The word "judge" refers to any United States District Judge exercising jurisdiction with respect to a particular action or proceeding in this court. (3) The words "magistrate judge" refer to any full-time or part-time United States Magistrate Judge exercising jurisdiction under 28 U.S.C. 636, consistent with the policies adopted by this court. (4) The words "bankruptcy court" refer to the unit of this court known as the United States Bankruptcy Court for the Northern District of Georgia. (5) The words "bankruptcy judge" refer to any United States Bankruptcy Judge exercising jurisdiction by referral from this court with respect to actions or proceedings filed in the United States Bankruptcy Court. (6) The word "clerk" refers to the District Court Clerk and deputy clerks. (7) The words "bankruptcy clerk" refer to the Bankruptcy Court Clerk and deputy bankruptcy clerks. D.

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS


LR 3: LR 3.1 COMMENCEMENT OF ACTION DIVISIONS OF COURT - VENUE

A. Four Divisions. The Northern District of Georgia consists of four (4) divisions as outlined and described in 28 U.S.C. 90. Refer to LR App. A, I, for a list of counties comprising each division. B. Venue and Transfer of Venue for Civil Actions.

(1) Defendants. (a) Except as otherwise provided, any civil action, not of a local nature, against a defendant or defendants, all of whom reside in this district, must be brought in the division where the defendant or defendants reside. If the defendants live in different
CV - 16

divisions, the action may be brought in any division in which one (1) defendant resides. (b) Any such action against two (2) or more defendants residing in different districts within the State of Georgia may be brought against all defendants in any division of this district where at least one defendant resides. (2) Plaintiffs. Except as otherwise provided, any diversity action brought in this district on the basis of plaintiffs or plaintiffs residence within the district must be filed in the division where plaintiff or plaintiffs reside. If the plaintiffs reside in different divisions, the action may be brought in any division in which one (1) plaintiff resides. (3) Where the Cause of Action Arose. Any civil action brought in this district on the grounds that the cause of action arose here must be filed in a division of the district wherein the activity occurred. (4) Transfer of Venue. Any civil action may, by order of this court, be transferred to any other place or division within the district for trial. LR 3.2 ADVANCE PAYMENT OF FILING FEES

A. Advance Payment Generally Required. Advance payment of fees is required before the clerk will file any civil action, suit, or proceeding. A notice of appeal shall be filed upon receipt. Persons wishing to proceed in forma pauperis may obtain the necessary papers at the public filing counter. B. Failure to Remit Fee. Pleadings received by the clerk for filing with the filing fee not attached shall be marked "received", but they shall not be filed. The clerk will notify counsel and/or the parties that the pleadings are being held and that they will not be filed until the filing fee is received or an order is issued allowing the pleadings to be filed in forma pauperis. LR 3.3 CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT A. Purpose and Scope. In order to enable judges and magistrate judges of this court to evaluate possible disqualification or recusal, counsel for all private (nongovernmental) parties in civil cases must at the time of first appearance file with the clerk a certificate containing: (1) A complete list of the parties and the corporate disclosure statement required by FRCP 7.1.

CV - 17

(2) A complete list of other persons, associations, firms, partnerships, or corporations having either a financial interest in or other interest which could be substantially affected by the outcome of this particular case. (3) A complete list of each person serving as a lawyer in this proceeding. Where the particular circumstances of the case may warrant such action, counsel may petition the court for permission to file the certificates in camera or under seal. B. Duties of Counsel. Each attorney shall have a continuing duty to notify the court of any additions to or deletions from the certificate. C. Form of Certificate. The form of the certificate, which shall be signed and dated, shall be as follows: [style and number of case] Certificate of Interested Persons and Corporate Disclosure Statement (1) The undersigned counsel of record for a party to this action certifies that the following is a full and complete list of all parties in this action, including any parent corporation and any publicly held corporation that owns 10% or more of the stock of a party:

(2) The undersigned further certifies that the following is a full and complete list of all other persons, associations, firms, partnerships, or corporations having either a financial interest in or other interest which could be substantially affected by the outcome of this particular case:

(3) The undersigned further certifies that the following is a full and complete list of all persons serving as attorneys for the parties in this proceeding: Submitted this day of , 20 .

Counsel for

CV - 18

LR 5:

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

LR 5.1 ELECTRONIC AND PAPER DOCUMENTS; FORMAT; LEGIBILITY A. Electronic. (1) Documents in civil and criminal cases will be filed, signed and verified by electronic means to the extent and in the manner authorized by the courts Standing Order, In Re: Electronic Case Filing and Procedures, as contained in Appendix H of these Local Rules. Documents filed electronically shall substantially conform to the requirement of these Local Rules. (2) A document filed by electronic means in compliance with this Local Rule and Appendix H constitutes a written document for the purposes of applying these Local Rules, the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. (3) The Notice of Electronic Filing that is automatically generated by the courts Electronic Filing System constitutes service of the filed documents on filers. Parties who are not filers must be served with a copy of any pleading or other document filed electronically in accordance with the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and these Local Rules. B. Paper. (1) General. All pleadings, motions, notices, orders, and other documents, including attachments hereto, if presented in paper, shall be presented for filing on white opaque paper of good quality, eight and one-half (8 ) inches by eleven (11) inches in size, with writing appearing only on one side of the page. (2) Paper Deposition Transcripts and Attachments. Paper deposition transcripts and attachments to pleadings or motions filed in this court are subject to the restrictions set forth in LR 5.1B(1) above. In addition, paper deposition transcripts filed in support of pleadings or motions may not be compacted or reduced beyond one page of deposition per each page of exhibit. C. Type; Format. Pleadings, motions, and other documents presented to the court for filing must: (1) be computer processed, typed or handprinted on one side of the page only; (2) be double-spaced between lines; and (3) not be materially defaced by erasures or interlineations. Computer documents must be prepared in one of the following fonts: Times New Roman (at least 14 point), Courier New (at least 12 point), Century Schoolbook (at least 13 point), or Book Antigua (at least 13 point). Typewriter prepared documents must be
CV - 19

prepared with no more than 10 characters per inch. Footnotes, headings, and indented citations may be single-spaced. D. Margins. All pleadings and other documents shall be prepared with a top margin of not less than one and one-half (1 ) inches and a left margin of not less than one (1) inch. E. Numbering. All pages shall be numbered consecutively at the bottom center of the page. Attachments to pleadings shall be numbered consecutively within the attachment. F. Citations. When Acts of Congress or sections thereof are cited, counsel shall include the corresponding United States Code citation. When citing regulations, counsel shall give all Code of Federal Regulations references and the date of promulgation. All citations shall include the specific page or pages upon which the cited matters appear. G. Counsel Identification. Name, complete address (including post office box or drawer number and street address), telephone number, facsimile number and Georgia Bar number of counsel shall appear on every pleading and other document presented for filing. H. Civil Cover Sheet. The attorney filing the complaint shall prepare and submit to the clerk of court the civil cover sheet which is available at the public filing counter. I. Flat Filing. All documents presented to the clerk or judge for filing shall be flat and unfolded and firmly bound at the top. J. Captions on Pleadings. All pleadings presented to the clerk or judge for filing must bear specific pleading designations, in accordance with the nomenclature set forth in Fed.R.Civ.P. 7. When a document contains multiple pleadings, e.g., an answer to a complaint and a counterclaim or crossclaim, all pleadings contained in the document must be included in the caption on the first page of the document. Generalized captions, such as "Responsive Pleadings," will not be accepted for filing. K. Civil Case Numbers. A civil case filed in this court shall be assigned a case number which will identify it as a civil case, designate the division, the year and the numerical sequence in which the case was filed, and include a three-initial suffix which will identify the district judge to whom the case is assigned. All documents presented to
CV - 20

the clerk or judge for filing and all case-related correspondence shall have typed thereon the assigned civil case number which includes a three-initial suffix. Any document presented for filing which does not reflect the complete civil case number as described herein will not be accepted for filing. L. Pleadings Filed by Attorneys Appearing Pro Hac Vice. Refer to LR 83.1B(2). LR 5.2 ADDITIONAL AND COURTESY COPIES (1) Generally. An original of all complaints, answers, amendments, motions, and other pleadings and papers shall be filed with the clerk at the public filing counter, unless the court expressly authorizes filing by other means. All original and courtesy copies of pleadings shall be clearly marked. A copy of each pleading shall be served upon opposing counsel. (2) Courtesy Copies in Electronic Format. Courtesy copies of pleadings may be presented to the judge or magistrate judge in electronic format on a compact disc. Such discs may include hyperlinks to case cites, statutes, affidavits, depositions, and exhibits. Any courtesy copy in electronic format shall also be served upon each of the parties in accordance with F.R.Civ.P. 5(a). LR 5.3 SPECIAL REQUIREMENTS FOR I.R.S. JEOPARDY ASSESSMENTS

All actions arising under 26 U.S.C. 7429 shall bear the designation "Review of Jeopardy Assessments" on the complaint next to the style of the case. Upon filing such an action, the filing attorney shall immediately present a motion for rule nisi to the judge to whom the action has been assigned in order that the action might be promptly brought to the judge's attention. Failure to comply with this rule may result in dismissal of the action. LR 5.4 SERVICE AND FILING OF DISCOVERY MATERIAL A. Filing Not Generally Required. Interrogatories, requests for inspection, requests for admission, and answers and responses thereto shall be served upon other counsel or parties, but they shall not be routinely filed with the court. The party responsible for service of the discovery material shall, however, file a certificate with the clerk indicating the date of service. Counsel shall also retain the original discovery material and become its custodian.

CV - 21

B. Selective Filing Required for Motions, Trial and Appeal. (1) The custodial party shall file with the clerk at the time of use at trial or with the filing of a motion those portions of depositions, interrogatories, requests for documents, requests for admission and answers or responses thereto which are used at trial or which are necessary to the motion. (2) Where discovery materials not previously in the record are needed for appeal purposes, the court, upon application, may order or counsel may stipulate in writing that the necessary materials be filed with the clerk.

III. PLEADINGS AND MOTIONS


LR 7: LR 7.1 A. PLEADINGS ALLOWED; FORM OF MOTIONS FILING OF MOTIONS AND RESPONSES; HEARINGS Filing of Motions.

(1) Every motion presented to the clerk for filing shall be accompanied by a memorandum of law which cites supporting authority. If allegations of fact are relied upon, supporting affidavits must be attached to the memorandum of law. (2) Specific filing times for some motions are set forth below. All other motions must be filed WITHIN THIRTY (30) DAYS after the beginning of discovery unless the filing party has obtained prior permission of the court to file later. B. Response to Motion. Any party opposing a motion shall serve the party's response, responsive memorandum, affidavits, and any other responsive material not later than fourteen (14) days after service of the motion, except that in cases of motion for summary judgment the time shall be twenty-one (21) days after the service of the motion. Failure to file a response shall indicate that there is no opposition to the motion. C. Reply. A reply by the movant shall be permitted, but it is not necessary for the movant to file a reply as a routine practice. When the movant deems it necessary to file a reply brief, the reply must be served not later than fourteen (14) days after service of the responsive pleading.

CV - 22

D. Page and Type Limitations. Absent prior permission of the court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. If the movant files a reply, the reply brief may not exceed fifteen (15) pages. Refer to LR 5.1 for restrictions regarding the preparation of briefs. At the end of the brief, counsel must certify that the brief has been prepared with one of the font and point selections approved by the court in LR 5.1B or, if type written, that the brief does not contain more than 10 characters per inch of type. E. Hearings. Motions will be decided by the court without oral hearing, unless a hearing is ordered by the court. F. Effect of Noncompliance. The court, in its discretion, may decline to consider any motion or brief that fails to conform to the requirements of these rules. LR 7.2 SPECIFIC MOTIONS

A. Motions Pending on Removal. When an action or proceeding is removed to this court with pending motions on which briefs have not been submitted, the moving party shall serve a memorandum in support of the motion within fourteen (14) days after removal. Each party opposing the motion shall reply in compliance with LR 7.1B. B. Emergency Motions. Upon written motion and for good cause shown, the court may waive the time requirements of this rule and grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure. C. D. Motions to Compel Discovery Refer to LR 37.1. Motions for Summary Judgment. Refer to LR 56.1.

E. Motions for Reconsideration. Motions for reconsideration shall not be filed as a matter of routine practice. Whenever a party or attorney for a party believes it is absolutely necessary to file a motion to reconsider an order or judgment, the motion shall be filed with the clerk of court within twenty-eight (28) days after entry of the order or judgment. Responses shall be filed not later than fourteen (14) days after service of the motion. Parties and attorneys for the parties shall not file motions to reconsider the court's denial of a prior motion for reconsideration.

CV - 23

F.

Daubert Motions. Refer to LR 26.2C.

LR 7.3 ORAL RULINGS ON MOTIONS Unless the court directs otherwise, all orders, including findings of fact and conclusions of law, orally announced by the district judge in court shall be prepared in writing by the attorney for the prevailing party. The original order shall be submitted to the district judge within seven (7) days from the date of pronouncement. Copies shall also be provided each party. LR 7.4 RESTRICTIONS ON LETTER COMMUNICATIONS TO JUDGES

Communications to judges seeking a ruling or order, including an extension of time, shall be by motion and not by letter. A letter seeking such action ordinarily will not be treated as a motion. Counsel shall not provide the court with copies of correspondence among themselves relating to matters in dispute. LR 7.5 APPLICATIONS TO JUDGES IN CHAMBERS

A. Judge to Whom Request Submitted. Whenever an attorney seeks an immediate order of the court, the attorney must submit a motion to the district judge to whom the case has been assigned if the district judge is present within the district. If the district judge is not available or if the case has not yet been assigned to a particular judge, the attorney shall contact the clerk for instructions as to which judge the motion should be submitted. All courtesy copies of proposed orders must be clearly marked. B. Proper Notice to Adversary. Whenever an attorney desires to confer with a judge or magistrate judge of this court in chambers with regard to a pending case, the attorney shall first give proper notice to opposing counsel, disclosing the date, hour, and nature of the conference sought, and shall satisfy the district judge or magistrate judge that such notice has been given. Emergency situations in which it is impossible to contact opposing counsel and those situations (other than motions to proceed in forma pauperis) where ex parte motions or applications are contemplated by the Federal Rules of Civil Procedure are excepted from this rule.

CV - 24

LR 9: LR 9.1

PLEADING SPECIAL MATTERS THREE-JUDGE COURT

When a suit or proceeding is commenced which is believed to require a threejudge court for disposition, the party instituting the action shall notify the clerk that a three-judge court is requested and the provision under which the party is proceeding. When a three-judge court hearing is requested after filing of the initial complaint, counsel shall at that time notify the clerk of the provision under which the attorney is proceeding.

LR 10:

FORM OF PLEADINGS

LR 10.1 CAPTIONS ON PLEADINGS All pleadings presented to the clerk or judge for filing must bear specific pleading designations, in accordance with the nomenclature set forth in Fed.R.Civ.P. 7. When a document contains multiple pleadings, e.g., an answer to a complaint and a counterclaim or crossclaim, all pleadings contained in the document must be included in the caption on the first page of the document. Generalized captions, such as "Responsive Pleadings," will not be accepted for filing.

LR 11:

SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS

LR 11.1 COUNSEL IDENTIFICATION Counsels name, complete address (including post office box or drawer number and street address), telephone number, facsimile number and Georgia Bar number shall appear on every pleading and other paper presented for filing.

CV - 25

LR 15:

AMENDED AND SUPPLEMENTAL PROCEEDINGS

LR 15.1 AMENDED PLEADINGS In those instances where reproduction of the entire pleading as amended would be unduly burdensome, parties filing or moving to file an amendment to a pleading shall be permitted to incorporate relevant provisions of prior pleadings by reference.

LR 16:

PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT

LR 16. 1 RULE 26(f) (EARLY PLANNING) CONFERENCE Prior to filing the Joint Preliminary Report and Discovery Plan, lead counsel for all parties are required to confer in person in an effort to settle the case, discuss discovery, limit issues, and discuss other matters also addressed in the Joint Preliminary Report and Discovery Plan. The conference shall be held within sixteen days after the appearance of a defendant by answer or motion and shall comply with the requirements of Fed.R.Civ.P. 26(f). Counsel are required to inform the parties promptly of all offers of settlement proposed at conference. If the filing deadline for the Certificate of Interested Persons (see LR 3.3) has not already passed, counsel may wish to include the certificate on counsels agenda for the Rule 26(f) conference. LR 16.2 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN For all cases not settled at the Rule 26(f) conference, counsel are required to complete the Joint Preliminary Report and Discovery Plan form prepared by the Court and attached to these rules as Appendix B. See Fed.R.Civ.P. 26(f). If counsel cannot agree on the answers to specific items, the contentions of each party must be shown on the form. The completed form must be filed within thirty days after the appearance of the first defendant by answer or motion or within thirty days after a removed case is filed in this Court. This rule applies only to cases not exempted pursuant to Fed.R.Civ.P.26(a)(1)(B). Pro se litigants and opposing counsel shall be permitted to file separate statements. The Joint Preliminary Report and Discovery Plan shall include as referenced on the form:

CV - 26

1. A classification of the type of action, a brief factual outline of the case, a succinct statement of the issues in the case, and a listing of any pending or previously adjudicated related cases. 2. An indication of whether the case is complex because of the existence of one or more of the following features: (1) Unusually large number of parties (2) Unusually large number of claims or defenses (3) Factual issues are exceptionally complex (4) Greater than normal volume of evidence (5) Extended discovery period is needed (6) Problems locating or preserving evidence (7) Pending parallel investigations or action by government (8) Multiple use of experts (9) Need for discovery outside United States boundaries (10) Existence of highly technical issues and proof (11) Unusually complex discovery of electronically stored information 3. The individual names of lead counsel for each party. 4. Any objections, supported by authority, to this Court's jurisdiction. 5. The names of necessary parties to this action who have not been joined and any questions of misjoinder of parties and inaccuracies and omissions regarding the names of parties. 6. A description of any amendments to the pleadings that are anticipated and a time-table for the filing of amendments. 7. Information regarding timing limitations for filing motions in the case. 8. Objections to initial disclosures, and space for the attorneys to indicate which party has objections, and the bases therefor. 9. Request for scheduling conference with the Court, if any, stating the issues that could be addressed and the position of each party. 10. Directions regarding the length of the discovery period and subjects of discovery and space for the attorney to indicate reasons, if any, why additional discovery time is needed and the subjects of discovery. 11. Discovery Limitations (a) Proposals and reasons in support thereof for modifying the limitations on discovery under the Federal Rules of Civil Procedure or the Local Rules of this Court. (b) Issues and agreements between the parties regarding discovery of electronically stored information. 12. Requests for additional orders from the Court.

CV - 27

13. A report regarding the settlement discussions required by LR 16.1, including the date; the name(s) of the lead counsel and other persons who attended; the likelihood of settlement of the case following the conference; dates for future settlement conferences between counsel; and specific problems hindering settlement of the case. 14. A statement as to whether the parties are willing to consent to trial before a magistrate judge. Consenting parties must complete and file with the clerk the Consent to Jurisdiction by a United States Magistrate Judge form provided to all parties in the pretrial instruction packet. 15. The signatures of lead counsel for each party consenting to the submission of the Joint Preliminary Report and Discovery Plan form. 16. A scheduling order to be signed by the district judge imposing time limits for adding parties, amending the pleadings, filing motions, completing discovery, and, if appropriate, addressing settlement initiatives and referral of the case to trial before a magistrate judge, in accordance with the form submitted by counsel, except as the district judge may specifically state otherwise. LR 16. 3 CONFERENCE AFTER DISCOVERY For cases not settled earlier, counsel for plaintiff shall contact counsel for all other parties to arrange an in person conference among lead counsel and a person possessing settlement authority for each plaintiff and each defendant to discuss, in good faith, settlement of the case. The conference must be held no later than fourteen (14) days after the close of discovery. If this personal conference does not produce a settlement, the status of settlement negotiations must be reported in item twenty-six (26) of the pretrial order, LR 16.4. Pro se litigants and their opposing counsel and cases involving administrative appeals are exempt from the requirements of this rule. LR 16.4 CONSOLIDATED PRETRIAL ORDER A. Procedure. The parties shall prepare and sign, in lieu of the Fed.R.Civ.P. 26(a)(3) disclosures, a proposed consolidated pretrial order to be filed with the clerk no later than thirty (30) days after the close of discovery, or entry of the courts ruling on any pending motions for summary judgment, whichever is later. It shall be the responsibility of plaintiffs counsel to contact defense counsel to arrange a date for the conference. If there are issues on which counsel for the parties cannot agree, the areas of disagreement must be shown in the proposed pretrial order. In those cases in which there is a pending motion for summary judgment, the court may in its discretion and upon request extend the time for filing the proposed pretrial order.
CV - 28

If counsel desire a pretrial conference, a request must be indicated on the proposed pretrial order immediately below the civil action number. Counsel will be notified if the district judge determines that a pretrial conference is necessary. A case shall be presumed ready for trial on the first calendar after the pretrial order is filed unless another time is specifically set by the court. B. Content. Each proposed consolidated pretrial order shall contain the information outlined below. No modifications or deletions shall be made without the prior permission of the court. A form Pretrial Order prepared by the court and which counsel shall be required to use is contained in Appendix B. Copies of the form Pretrial Order containing adequate space for response are available at the public filing counter in each division. The proposed order shall contain: 1. A statement of any pending motions or other matters. 2. A statement that, unless otherwise noted, discovery has been completed. Counsel will not be permitted to file any further motions to compel discovery. Provided there is no resulting delay in readiness for trial, depositions for the preservation of evidence and for use at trial will be permitted. 3. A statement as to the correctness of the names of the parties and their capacity and as to any issue of misjoinder or non-joinder of parties. 4. A statement as to any question of the court's jurisdiction and the statutory basis of jurisdiction for each claim. 5. The individual names of lead counsel for each party. 6. A statement as to any reason why plaintiff should not be entitled to open and close arguments to the jury. 7. A statement as to whether the case is to be tried to a jury, to the court without a jury, or that the right to trial by jury is disputed. 8. An expression of the parties' preference, supported by reasons, for a unified or bifurcated trial. 9. A joint listing of the questions which the parties wish the court to propound to the jurors concerning their legal qualifications to serve. 10. A listing by each party of requested general voir dire questions to the jurors. The court will question prospective jurors as to their address and occupation and as to the occupation of a spouse, if any. Follow-up questions by counsel may be permitted. The determination of whether the district judge or counsel will propound general voir dire questions is a matter of courtroom policy which shall be established by each judge. 11. A statement of each party's objections, if any, to another party's general voir dire questions.
CV - 29

12. A statement of the reasons supporting a party's request, if any, for peremptory challenges in addition to those allowed by 28 U.S.C. 1870. 13. A brief description, including style and civil action number, of any pending related litigation. 14. An outline of plaintiff's case which shall include: (a) A succinct factual statement of plaintiffs cause of action which shall be neither argumentative nor recite evidence. (b) A separate listing of all rules, regulations, statutes, ordinances, and illustrative case law creating a specific legal duty relied upon by plaintiff. (c) A separate listing of each and every act of negligence relied upon in negligence cases. (d) A separate statement for each item of damage claimed containing a brief description of the item of damage, dollar amount claimed, and citation to the law, rule, regulation, or any decision authorizing a recovery for that particular item of damage. Items of damage not identified in this manner shall not be recoverable. 15. An outline of defendant's case which shall include: (a) A succinct factual summary of defendant's general, special, and affirmative defenses which shall be neither argumentative nor recite evidence. (b) A separate listing of all rules, regulations, statutes, ordinances, and illustrative case law creating a defense relied upon by defendant. (c) A separate statement for each item of damage claimed in a counterclaim which shall contain a brief description of the item of damage, the dollar amount claimed, and citation to the law, rule, regulation, or any decision which authorizes a recovery for that particular item of damage. Items of damage not identified in this manner shall not be recoverable. 16. A listing of stipulated facts which may be read into evidence at trial. It is the duty of counsel to cooperate fully with each other to identify all undisputed facts. A refusal to do so may result in the imposition of sanctions upon the non-cooperating counsel. 17. A statement of the legal issues to be tried. 18. (a) A separate listing, by each party, of all witnesses (and their addresses) whom that party will or may have present at trial, including expert (any witness who might express an opinion under Federal Rule of Evidence 702), impeachment and rebuttal witnesses whose use can or should have been reasonably anticipated. Each party shall also attach to the party's list a reasonably specific summary of the expected testimony of each expert witness.

CV - 30

(b) A representation that a witness will be called may be relied upon by other parties unless notice is given fourteen (14) days prior to trial to permit other parties to subpoena the witness or obtain the witness' testimony by other means. (c) Witnesses not included on the witness list will not be permitted to testify, unless expressly authorized by court order based upon a showing that the failure to comply was justified. The attorneys may not reserve the right to add witnesses. 19. (a) A separate, typed, serially numbered listing, beginning with one (1) and without the inclusion of any alphabetical or numerical subparts, of each party's documentary and physical evidence. Adequate space must be left on the left margin of each list for court stamping purposes. A courtesy copy of each party's list must be submitted for use by the district judge. Learned treatises which counsel expect to use at trial shall not be admitted as exhibits, but must be separately listed on the party's exhibit list. (b) Prior to trial counsel shall affix stickers numbered to correspond with the party's exhibit list to each exhibit. Plaintiffs shall use yellow stickers; defendants shall use blue stickers; and white stickers shall be used on joint exhibits. The surname of a party must be shown on the numbered sticker when there are either multiple plaintiffs or multiple defendants. (c) A separate, typed listing of each party's objections to the exhibits of another party. The objections shall be attached to the exhibit list of the party against whom the objections are raised. Objections as to authenticity, privilege, competency, and, to the extent possible, relevancy of the exhibits shall be included. Any listed document to which an objection is not raised shall be deemed to have been stipulated as to authenticity by the parties, and such documents will be admitted at trial without further proof of authenticity. (d) A statement of any objections to the use at trial of copies of documentary evidence. (e) Documentary and physical exhibits may not be submitted by counsel after filing of the pretrial order, except upon consent of all the parties or permission of the court. Exhibits so admitted must be numbered, inspected by counsel, and marked with stickers prior to trial. (f) Counsel shall familiarize themselves with all exhibits (and the numbering thereof) prior to trial. Counsel will not be afforded time during trial to examine exhibits that are or should have been listed herein. 20. A listing of all persons whose testimony at trial will be given by deposition and designation of the portions of each person's deposition which will be introduced. Objections not filed by the date on which the case is first scheduled for trial shall be deemed waived or abandoned. Extraneous and unnecessary matters, including nonCV - 31

essential colloquy of counsel, shall not be permitted to be read into evidence. No depositions shall be permitted to go out with the jury. 21. Any trial briefs which counsel may wish to file containing citations to legal authority on evidentiary questions and other legal issues. Limitations, if any, regarding the format and length of trial briefs is a matter of individual practice which shall be established by each judge. 22. Counsel are directed to prepare, in accordance with LR 51.1A, a list of all requests to charge in jury trials. These charges shall be filed no later than 9:30 a.m. on the date the case is calendared (or specially set) for trial. A short, one (l)-page or less, statement of the party's contentions must be attached to the requests. Requests should be drawn from the latest edition of the Eleventh Circuit District Judges Association's Pattern Jury Instructions and Devitt and Blackmar's Federal Jury Practice and Instructions whenever possible. In other instances, only the applicable legal principle from a cited authority should be requested. 23. A proposed verdict form, if counsel desire that the case be submitted to the jury in a manner other than upon general verdict. 24. A statement of any requests for time for argument in excess of thirty (30) minutes per side as a group and the reasons for the request. 25. Counsel are directed to submit a statement of proposed Findings of Fact and Conclusions of Law in nonjury cases, which must be submitted no later than the opening of trial. 26. A statement of the date on which lead counsel and persons possessing settlement authority to bind the parties met personally to discuss settlement, whether the court has discussed settlement with counsel, and the likelihood of settlement of the case at this time. 27. A statement of any requests for a special setting of the case. 28. A statement of each party's estimate of the time required to present that party's evidence and an estimate of the total trial time. 29. The following paragraph shall be included at the close of each proposed pretrial order above the signature line for the district judge: IT IS HEREBY ORDERED that the above constitutes the pretrial order for the above captioned case (__) submitted by stipulation of the parties or (__) approved by the court after conference with the parties. IT IS FURTHER ORDERED that the foregoing, including the attachments thereto, constitutes the pretrial order in the above case and that it supersedes the pleadings which are hereby amended to conform hereto and that this pretrial order shall not be amended except by Order of the court to prevent manifest injustice. Any attempt to reserve a right to amend or add to any part of the pretrial order after the pretrial order
CV - 32

has been filed shall be invalid and of no effect and shall not be binding upon any party or the court, unless specifically authorized in writing by the court. day of , 20 . IT IS SO ORDERED this 30. The signature of lead counsel for each party on the last page below the district judge's signature. LR 16.5 SANCTIONS Failure to comply with the court's pretrial instructions may result in the imposition of sanctions, including dismissal of the case or entry of a default judgment. LR 16.6 PRETRIAL OBJECTIONS TO TRIAL EXHIBITS, DOCUMENTARY EVIDENCE AND TESTIMONY A. Exhibits. The pretrial order requires a separate, typed listing of each party's objections to the exhibits of another party. The objections shall be attached to the exhibit list of the party against whom the objections are raised. Objections as to authenticity, privilege, competency, and, to the extent possible, relevancy of the exhibits shall be included. Any listed document to which an objection is not raised shall be deemed to have been stipulated as to authenticity by the parties, and such documents will be admitted at trial without further proof of authenticity. The pretrial order also requires each party to state any objections the party may have to the use at trial of copies of documentary evidence. B. Testimony. Each party is required to list all persons whose testimony at trial will be given by deposition and to designate the portions of each person's deposition which will be introduced. Objections that have not been filed by the date on which the case is first scheduled for trial shall be deemed waived or abandoned. Extraneous and unnecessary matters, including non-essential colloquy of counsel, shall not be permitted to be read into evidence. No depositions shall be permitted to go out with the jury. LR 16.7 ALTERNATIVE DISPUTE RESOLUTION PLAN A. Purpose. The court adopts this Alternative Dispute Resolution ("ADR") Program to provide alternative processes for the resolution of civil disputes with resultant savings in time and costs to litigants and to the court, but without sacrificing the quality of justice or the right of the litigants to a full trial in the event of an impasse following

CV - 33

ADR. The program and the procedures established thereunder are intended to comply fully with the Alternative Dispute Resolution Act of 1998. 28 U.S.C. 651 et.seq. B. Description of ADR Program. At various stages in the litigation of a civil case, litigants and their counsel are required to consider whether utilization of an alternative dispute resolution process is desirable or appropriate in their particular case. See LR 16.7D, below. A judge may authorize use of an ADR process that is facilitated by individuals or programs not connected with the court or, alternatively, the judge may authorize utilization of an ADR process offered through the courts court-annexed ADR program. (1) General Referrals. A judge may in his or her discretion refer any civil case to a non-binding ADR process, e.g. early neutral evaluation, mediation, or non-binding arbitration. Upon the consent of the parties, the judge may refer any civil case to binding arbitration, binding summary jury trial or bench trial, or other binding ADR process. The timing of the referral to a binding or non-binding ADR process under this section is within the discretion of the referring judge. (2) Court-annexed ADR Program. Note: This program has not been funded by Congress and will not be implemented until funded. (3) Compromise Negotiations. Every ADR process conducted in a civil case filed in this court will be treated as a compromise negotiation for purposes of the Federal Rules of Evidence and the Georgia Rules of Evidence. No record will be made of the ADR proceedings. The ADR neutral in the particular case is disqualified from appearing as a witness, consultant, attorney, or expert in any pending or future action relating to that dispute. (4) Stay of Proceedings. In the initial Order directing the litigants to an ADR process or to the court-annexed ADR program, the judge will have indicated whether the proceedings will or will not be stayed during the ADR process. C. Definitions. As used in this local rule: (1) Mediation is a non-binding supervised process presided over by a qualified and neutral mediator. (2) Early neutral evaluation (ENE) is a non-binding supervised process where a neutral evaluator provides the litigants with an evaluation of the strengths and weaknesses of each partys case to the extent possible at an early stage, helps the parties focus on the issues, organizes an efficient discovery plan, identifies a plan for expeditious
CV - 34

resolution of the case by dispositive motion or trial, and/or, if possible, settles all or part of the issues in the case. (3) Arbitration is the submission of a dispute to a neutral third party or panel, which then renders a decision. Arbitration is an adjudicative process that requires each side to offer evidence and present argument, upon which the neutral or panel then decides the case. D. Requirement to Consider ADR.

(1) Counsel for the litigants are required to discuss utilization of an ADR process at the Early Planning Conference (see LR 16.1). If counsel wish to participate in ADR, counsel shall immediately so notify the judge to whom the case is assigned in writing, specifying which ADR process is desired and whether they desire to participate in the court-annexed ADR plan or otherwise. If counsel decide against participation in an ADR process at this time, this decision must be reported in the Preliminary Planning Report (see LR 16.2). (2) For cases not resolved sooner, counsel shall again consider participation in ADR at the required Conference After Discovery (see LR 16.3). The assigned judge must be notified immediately if counsel wish to participate in an ADR process. (3) In any case in which all counsel do not support participation in ADR, individual counsel may provide the judge confidential notice, in writing, of that counsels desire for ADR. The judge will then make a determination as to whether the case should be included in the ADR program. E. Notification of Referral. The judge will notify the parties in writing when the judge has referred a case to an ADR process, specifying whether the referral is to the court-annexed program or otherwise. F. Selection of ADR Neutral.

(1) General Referrals. For ADR processes conducted by others, the judge will appoint the ADR neutral. However, before making the appointment, the judge may direct that each party send the judge a list of the names of three (3) ADR neutrals after which the judge will then select the ADR neutral. If the parties have mutually agreed on one of the ADR neutrals listed in their submissions, the parties may so notify the judge, who in his or her discretion, may consider their recommendations. The judge will provide the parties written notice of the identity of the ADR neutral selected and will send a copy of the appointment to the ADR neutral.
CV - 35

(2) Referrals to Court-Annexed Program. In cases referred to the courtannexed program, the ADR administrator shall appoint the neutral after providing counsel with the names of three (3) or more proposed neutrals and considering any objections counsel may have to the proposed neutrals. (3) Judicial Contact. Once a neutral has been appointed, counsel are not allowed to have any oral or written communication regarding the ADR process with the judge to whom the case is assigned. (4) ADR Conferences. Once appointed, the ADR neutral will arrange for a conference at a time within thirty (30) days from the date of the notice naming the ADR neutral, unless otherwise ordered by the judge. G. Disqualification of ADR Neutrals. Any person selected as an ADR neutral may be disqualified for bias or prejudice as provided in 28 U.S.C. 144 and shall be disqualified in any case in which such action would be required by a justice, judge, or magistrate judge governed by 28 U.S.C. 455. H. Required Submissions Before ADR Conferences.

At least seven (7) days before the ADR conference, the parties must submit to the ADR neutral: (a) copies of relevant pleadings and motions; (b) a short memorandum which identifies the persons, in addition to counsel, who will attend the ADR conference and identifies the individuals connected to the opposing litigant whose presence would be helpful to a productive session. The ADR neutral shall determine whether any person so identified should be requested to attend; (c) a written statement, not to exceed ten (10) pages double spaced, which summarizes the legal and factual position of each party respecting the issues in dispute. For ENE conferences, each party also shall prepare a written evaluation statement; any written evaluation statements for an ENE conference shall not be submitted to the judge; (d) such other relevant materials as the ADR neutral requests. At the conference, counsel shall be prepared to respond fully and candidly in a private caucus to questions by the ADR neutral regarding the estimated costs to counsels clients of any remaining discovery and of litigating the case through trial, including attorneys' fees and expert witnesses, and regarding the claimed damages, including the method of computation.

CV - 36

I.

Procedure Applicable to all ADR Conferences.

(1) Attendance. The attorney primarily responsible for each litigants case must personally attend the ADR conference and must be prepared and authorized to discuss all relevant issues, including settlement unless excused by the neutral. The litigants must also be present unless excused by court order. When a litigant is other than an individual, an authorized representative of such litigant, with full authority to settle, must attend. When a litigant has insurance coverage for the claims in dispute, an authorized representative of the insurance company, with full authority to settle, must attend. Willful failure of a party to attend an ADR conference will be reported to the administrator by the ADR neutral, who will then report the absence to a judicial officer for possible imposition of sanctions. ADR conferences will be private. Persons other than the litigants and their representatives may attend only with the permission of all litigants and with the consent of the ADR neutral. (2) Time and Place. The ADR neutral will fix the date and length of each ADR conference. The conference will be held at a location agreeable to the ADR neutral and the litigants or as otherwise directed by the judge. (3) Informal Procedure. The ADR conference, and such additional conferences as the ADR neutral deems appropriate, will be informal. (4) Private Caucuses; Confidentiality. The ADR neutral may hold separate, private caucuses with any litigant or counsel. The ADR neutral must not disclose to any other party any information disclosed by a litigant during a caucus which that party indicates to the ADR neutral should be treated as confidential. It will be the responsibility of each party to clearly indicate to the ADR neutral which information is and is not deemed confidential by that litigant. (5) Statements; Confidentiality. The ADR neutral shall have the litigants and their attorneys sign a form agreeing that any statements made or presented during the ADR conference are confidential and may not be used as evidence in any subsequent administrative or judicial proceeding. The only exception shall be if the judge requests a report from the EN evaluator in the judge's order appointing the EN evaluator. J. Procedure at Mediation Conference.

(1) Procedure. The mediator will conduct the process in order to assist the litigants in arriving at a settlement of all or some of the issues involved in the case. The mediator will determine how to structure the mediation conference.

CV - 37

(2) Settlement Proposal by Mediator. If after reasonable efforts the litigants fail to develop settlement terms or upon request of the litigants, the mediator may submit to the litigants a final settlement proposal that the mediator believes to be fair. The litigants carefully will consider such proposal and, at the request of the mediator, will discuss the proposal with the mediator. The mediator may comment on questions of law at any appropriate time. (3) Conclusion of the Mediation Process. The mediator will conclude the process when: (a) a settlement is reached by the litigants; or (b) the mediator concludes, and informs the litigants, that further efforts would not be useful. K. Procedure at ENE Conference.

(1) Procedure. The evaluator will conduct the process in order to help the parties focus the issues and work efficiently and expeditiously to make the case ready for trial or settlement. The evaluator will determine how to structure the evaluation conference. (2) Scope. At the initial conference, and at any additional conferences the evaluator deems appropriate, the evaluator may: (a) permit each litigant to make a brief oral presentation of its position through counsel or otherwise; (b) help the litigants to identify areas of agreement and, if feasible, enter stipulations; (c) determine whether the litigants wish to negotiate, with or without the evaluator's assistance, before evaluation of the case; (d) help the litigants identify issues and assess the relative strengths and weaknesses of the litigants positions; (e) help the litigants to agree on a plan for exchanging information and conducting discovery which will enable them to prepare expeditiously for the resolution of the case by trial, settlement, or dispositive motion; (f) help the litigants to assess litigation costs realistically; (g) determine whether one or more additional conferences would assist in the settlement or case development process and, if so, schedule the conference and direct the litigants to prepare and submit any additional written materials needed for the conference; (h) at the final conference (which may be the initial conference), give an evaluation of the strengths and weaknesses of each litigants case and of the probable outcome if the case is tried, including, if feasible, the dollar value of each claim and counterclaim;
CV - 38

(i) advise the litigants, if appropriate, about the availability of ADR processes that might assist in resolving the dispute; (j) act as a mediator or otherwise assist in settlement negotiations either before or after presenting the evaluation called for in Section (2)(h) above; and (k) assist the litigants in narrowing the issues in the case, and, if requested by the judge, the evaluator may send a report to the judge on whether a preliminary pretrial conference should be held with the judge under Rule 16 to further narrow the issues in the case. L. Report to the Court. Within seven (7) days following any ADR process, the ADR neutral will file a Report indicating the date and length of the ADR process and whether all required litigants were present. If a settlement agreement is reached, the Report will indicate that a settlement is reached and the date by which the final settlement agreement will be executed and the dismissal filed. If no settlement agreement is reached, the ADR neutral will report in writing that the ADR process was held, that no agreements were reached, and the recommendations, if any, of the ADR neutral as to the future processing of the case. The written Report shall be prepared by the ADR neutral (or at the ADR neutral's request, one of the litigants), shall be signed by the litigants, and shall be delivered to the ADR administrator. If a settlement is reached, the ADR neutral, or one of the litigants at the ADR neutral's request, shall prepare a written document reflecting briefly the terms of the settlement agreement which shall be signed by the litigants and retained by the ADR neutral and the litigants. M. Fee.

(1) General. Litigants are encouraged to agree upon compensation of the ADR neutral at or before the first conference. Relevant factors to be considered in determining an appropriate fee include the complexity of the litigation, the degree of skill necessary to facilitate the dispute, and the ability of the litigants to pay. (2) Court Annexed Program. Neutrals in the court-annexed ADR program are required to list their fee schedules as part of their applications. The court will review fee schedules for reasonableness. Daily rather than hourly rates are encouraged. Any issues with regard to fees will be resolved by the ADR administrator. (3) Before being placed on the roster for the courts annexed ADR program, a neutral must agree to provide pro bono hours and hours at reduced rates to defray ADR costs for parties with limited ability to pay. The number of hours required will be determined by the judges.
CV - 39

CV - 40

IV. PARTIES
LR 23: CLASS ACTIONS

LR 23.1 CLASS ACTIONS A. Complaint, Counterclaims, Crossclaims

(1) Caption. For all class actions the complaint shall bear next to the style of the case the designation "Complaint - Class Action." (2) Class Action Allegations. Under a separate heading titled "Class Action Allegations", the complaint shall provide the following information: (a) The section of Fed.R.Civ.P. 23 which is claimed to authorize maintenance of suit by class action. (b) The size (or approximate size) and definition of the alleged class. (c) The basis of the named plaintiffs or plaintiffs' claim to be an adequate representative of the class or, if defendants, the basis of the named defendant's or defendants' claim to be an adequate representative of the class. (d) The alleged questions of law and fact which are common among members of the class. (e) The allegations necessary to satisfy the criteria of section (b)(1) or (b)(2) of Fed.R.Civ.P. 23 or to support the findings required by section (b)(3) of Fed.R.Civ.P. 23. (f) For actions requiring a jurisdictional amount, the basis for determination of that amount. The foregoing provisions shall apply, with appropriate adaptions, to any counterclaim or crossclaim alleged to be brought for or against a class. B. Class Certification. The plaintiff shall move within ninety (90) days after the complaint is filed for a determination under Fed.R.Civ.P. 23(c)(1) as to whether the suit may be maintained as a class action. Notwithstanding the foregoing, in any class action brought pursuant to the Private Securities Litigation Reform Act of 1995, or a class action in which one or more defendants have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12 in lieu of an answer to the complaint, or a class action in which one or more parties file a motion for coordination and/or consolidation of multiple actions before the Judicial Panel on Multidistrict Litigation, the plaintiff shall move for a determination under Fed.R.Civ.P. 23(c)(1) within thirty (30) days after all defendants have filed an answer to the complaint. The court may extend the time upon a showing of good cause.

CV - 41

C. Communications with Actual or Putative Class Members. (1) Purpose. The administration of justice often requires that limited restrictions be placed on counsel and parties in cases in which class certification is sought or has been granted. In class actions where a putative class member is permitted to elect not to participate in the class action, there is an inherent risk that a class member's decision may, in the absence of court regulation of communications regarding the class action, not be based on a complete and balanced presentation of the relevant facts. Special management of class actions is often necessary to protect the interests of both formal parties and absent class members. (2) Restrictions on Communications. When class certification is sought in a case, all parties and/or their counsel are required to confer jointly to determine whether proper management of the case or the interests of putative class members require the entry of an order limiting either the parties or counsel in communications with putative class members. The conference shall occur as soon as practicable, but in no event later than twenty-one (21) days after the complaint is served. Within fourteen (14) days after the conference, counsel shall submit to the court a joint statement of their collective or individual views as to whether an order should be entered limiting communications. If counsel agree no order is necessary, they shall so state in their report to the court. If counsel agree that an order limiting communications should be entered, they shall submit the proposed content of such order and the grounds justifying entry of same. If counsel cannot agree whether an order should be entered or what the content of such an order should be, they shall report this to the court and either submit stipulated facts for the court's consideration or request a hearing to present evidence on the issue. Based on the record before the court, an order limiting communications may be entered upon a finding that a failure to so limit communications would likely result in imminent and irreparable injury to one of the parties. Except as set forth in LR 23.1(c)(4)(a), neither the parties nor their counsel shall initiate communications with putative class members regarding the substance of the lawsuit until counsel presents the required report to the court and any necessary order is entered pursuant to the report. (3) Restrictions Applicable to All Class Actions. In all cases where class certification is sought or granted, the following shall apply: (a) All parties and counsel are forbidden to solicit fees and expenses or agreements to pay fees and expenses from prospective or actual class members who are not formal parties or who do not plan to become formal parties. (b) All parties and counsel are forbidden to communicate with prospective or actual class members in a way which tends to misrepresent the status, purpose, and effects of the action or of any actual or potential court orders therein, which may create impressions
CV - 42

tending without cause to reflect adversely on any party, any counsel, the court, or the administration of justice. (4) Class Actions Under the Private Securities Litigation Reform Act of 1995. The Private Securities Litigation Reform Act of 1995 (Reform Act) provides for a notice to be published following the commencement of a securities class action. 15 U.S.C. 78u-4(a)(3)(A)(i), 77z-1(a)(3)(A)(i). The court finds that certain practices in Reform Act class actions have the potential to harm the interests of class members and/or defendants and can interefere with the orderly administration of justice. For example, the court finds that numerous notices of the same litigation have been released, thereby creating the potential for confusion for potential class members and potential damage to the interests of shareholders and businesses. The court finds further that the measures adopted herein are reasonably necessary to protect the interests of class members, realize the goals of the Reform Act, and balance the rights of those who wish to prosecute a Reform Act class action or communicate about it. (a) Notice of the Reform Act Class Action. (i) Contents of the Notice. Consistent with the provisions of 15 U.S.C. 78u4(a)(3)(A)(i) , 77z-1(a)(3)(A)(i), following the filing of any Reform Act class action in this District, each law firm on a complaint may choose to publish a notice. Such notice shall have as its headline Notice of Filing Securities Class Action Against [Defendant or Defendants] and shall provide the following information as required by the Reform Act: 1) the pendency of the action; 2) the claims asserted therein; 3) the purported class period; 4) that, not later than sixty (60) days after the date on which the first notice is published, any member of the purported class may move the court to serve as lead plaintiff of the purported class; and 5) contact information for the law firm issuing the notice, including the name of a contact person who is designated to discuss the lawsuit with putative class members, an address, a telephone number, and a website and e-mail address, if applicable. However, the notice shall not contain a promotional statement for any law firm. (ii) Type of Publication. The one notice pursuant to subsection (i) shall be published in a widely circulated national business-oriented publication or wire service. (iii) Only One Notice Per Law Firm. Unless otherwise ordered by the court, there shall be only one notice per law firm regardless of the number of complaints filed in this Court arising out of the same or similar set of facts or circumstances. No attorney seeking to represent the putative class shall initiate any other communication with putative class members unless approved in advance by the court. Such court approval
CV - 43

will be granted if the communication is deemed by this Court to be reasonably necessary to achieve the purposes of the Reform Act. This rule does not affect the rights or obligations of defendants to give notice of the pendency of the suit, nor does it preclude counsel for either party from contacting class members whom they believe to be fact witnesses or with whom they have an attorney-client relationship. (b) Motion for Appointment of Lead Plaintiff. Pursuant to 15 U.S.C. 78u4(a)(3)(B)(i) and (v) , 77z-1(a)(3)(B)(i) and (v), the court shall consider any motion for appointment of lead plaintiff and lead plaintiff's counsel in a Reform Act class action within ninety (90) days after the date on which the first Notice is published pursuant to 15 U.S.C. 78u-4(a)(3)(A)(i), 77z-1(a)(3)(A)(i), and this rule or as soon thereafter as practicable. Consistent with the purpose and terms of the Reform Act, in considering and ruling upon such a motion as to appointment of lead plaintiff and lead counsel, the court will consider, among other relevant factors, the following: (i) the proposed lead plaintiff's financial loss, recognizing that the presumption that the person with the largest financial interest in the relief sought is the most adequate lead plaintiff is rebuttable; (ii) whether the proposed lead plaintiff's counsel has complied with the Local Rules of this Court; (iii) whether the proposed lead plaintiff's counsel promotes the efficient conduct of the litigation; and (iv) the relevant experience of the proposed lead plaintiff's counsel. (c) Certification of Proposed Lead Counsel. Any law firm seeking to be appointed lead counsel pursuant to the Reform Act, 15 U.S.C. 78u-4(a)(3)(B)(v) , 77z1(a)(3)(B)(v), shall submit with its motion papers a sworn certification stating that with regard to the case at bar, such law firm: (i) has issued or caused to be issued no more than one notice to putative class members (except as authorized by LR 23.1(C)(4)(a)(iii)); (ii) has complied with the Local Rules of this Court; and (iii) has complied with applicable State Bar of Georgia ethical rules. (5) Ethical and Other Obligations Not Affected. The obligations and prohibitions of the foregoing rule are not exclusive. All other ethical, legal, and equitable obligations to which counsel and/or parties are subject are not affected by this rule.

CV - 44

V. DEPOSITIONS AND DISCOVERY


LR 26: GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE

LR 26.1 INITIAL AND EXPERT DISCLOSURES A. Applicability. The parties to civil actions shall make the initial disclosures required by Fed.R.Civ.P. 26(a)(1) at or within thirty (30) days after the appearance of a defendant by answer or motion. Expert disclosures shall be made as required by Fed.R.Civ.P.26(a)(2) and by LR 26.2(C). Pretrial disclosures (Fed.R.Civ.P. 26(a)(3)) are addressed in LR 16.4, Consolidated Pretrial Order. B. Procedures.

(1) Standard Form. The court has prepared a form, Initial Disclosures, which counsel shall be required to use. A copy of the form is included as Form I in Appendix B and copies of the form may be obtained by counsel at the public filing counter in each division. No modifications or deletions to the form shall be made without prior permission of the court. All disclosures must be answered fully in writing in compliance with Fed.R.Civ.P. 26. See also Fed.R.Civ.P. 37 regarding failure to make disclosures. (2) Multiple Parties. If there is more than one (1) plaintiff or more than one (1) defendant in the action, each plaintiff and each defendant must submit the disclosures separately unless a disclosure is the same for all plaintiffs or all defendants. (3) Attorney's Signature Required. Initial Disclosures shall be certified as directed by Fed.R.Civ.P. 26(g)(1). Sanctions, if appropriate, will be imposed according to Fed.R.Civ.P. 26(g)(3)and 37(c). (4) Removed Cases. For purposes of this rule, any time period stated to run from the appearance of a defendant will run from the date the removed case is filed in this court. C. Supplementation and Amendment of Disclosures. The duties of a party to supplement and amend prior initial, expert or pretrial disclosure are set forth in Fed.R.Civ.P. 26(e).

CV - 45

LR 26.2 DISCOVERY PERIOD. A. Commencement; Length. The discovery period shall commence thirty (30) days after the appearance of the first defendant by answer to the complaint, unless the parties mutually consent to begin earlier. Discovery proceedings must be initiated promptly so that discovery is initiated and completed (including the filing of answers and responses thereto) within the time limitations of the discovery track to which the case is assigned. The discovery tracks established in this court are: (1) zero (O)-months discovery period; (2) four (4)-months discovery period; and (3) eight (8)-months discovery period. A chart showing the assignment of cases to a discovery track by filing category is contained in Appendix F. B. Adjustments to Discovery Period. The court may, in its discretion, shorten or lengthen the time for discovery. Motions requesting extensions of time for discovery must be made prior to expiration of the existing discovery period and will be granted only in exceptional cases where the circumstances on which the request is based did not exist or the attorney or attorneys could not have anticipated that such circumstances would arise at the time the Joint Preliminary Report and Discovery Plan was filed. C. Expert Witnesses. Any party who desires to use the testimony of an expert witness shall designate the expert sufficiently early in the discovery period to permit the opposing party the opportunity to depose the expert and, if desired, to name its own expert witness sufficiently in advance of the close of discovery so that a similar discovery deposition of the second expert might also be conducted prior to the close of discovery. Any party who does not comply with the provisions of the foregoing paragraph shall not be permitted to offer the testimony of the party's expert, unless expressly authorized by court order based upon a showing that the failure to comply was justified. Any party objecting to an experts testimony based upon Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579,113 S.Ct. 2786 (1993) shall file a motion no later than the date that the proposed pretrial order is submitted. Otherwise, such objections will be waived, unless expressly authorized by court order based upon a showing that the failure to comply was justified.

CV - 46

LR 26.3 SERVICE AND FILING OF DISCOVERY MATERIAL A. Filing Not Generally Required. Interrogatories, requests for inspection, requests for admission, and answers and responses thereto shall be served upon other counsel or parties, but they shall not be routinely filed with the court. The party responsible for service of the discovery material shall, however, file a certificate with the clerk indicating the date of service. Counsel shall also retain the original discovery material and become its custodian. B. Selective Filing Required for Motions, Trial and Appeal. (1) The custodial party shall file with the clerk at the time of use at trial or with the filing of a motion those portions of depositions, interrogatories, requests for documents, requests for admission and answers or responses thereto which are used at trial or which are necessary to the motion. (2) Where discovery materials not previously in the record are needed for appeal purposes, the court, upon application, may order or counsel may stipulate in writing that the necessary materials be filed with the clerk.

LR 30:

DEPOSITIONS UPON ORAL EXAMINATION

LR 30.1 EXPERT WITNESSES Limitations regarding the timing of expert depositions and listing of potential and expected expert witnesses at trial (see Fed.R.Civ.P. 26(a)(2)), are set forth in LR 26.2C and LR 16.4B(18), respectively.

LR 37:

FAILURE TO MAKE DISCLOSURES OR TO COOPERATE IN DISCOVERY; SANCTIONS

LR 37.1 MOTIONS TO COMPEL A DISCLOSURE OR DISCOVERY A. Form. A motion to compel a disclosure under LR 26.1 or to compel a response to discovery conducted pursuant to the Federal Rules of Civil Procedure shall: (1) Include the certification of counsel with regard to the duty to confer required by Fed.R.Civ.P. 37(a)(2)(A)(B);

CV - 47

(2) Quote verbatim each disclosure, interrogatory, deposition question, request for designation of deponent, or request for inspection to which objection is taken; (3) State the specific objection; (4) State the grounds assigned for the objection (if not apparent from the objection); and (5) Cite authority and include a discussion of the reasons assigned as supporting the motion. The motion shall be arranged so that the objection, grounds, authority, and supporting reasons follow the verbatim statement of each specific disclosure, interrogatory, deposition question, request for designation of deponent, or request for inspection to which an objection is raised. B. Time for Filing. Unless otherwise ordered by the court, a motion to compel a disclosure or discovery must be filed within the time remaining prior to the close of discovery or, if longer, within fourteen (14) days after service of the disclosure or discovery response upon which the objection is based. The close of discovery is established by the expiration of the original or extended discovery period or by written notice of all counsel, filed with the court, indicating that discovery was completed earlier. C. Procedures. Motions to compel are subject to the general motion requirements set forth in LR 7.1.

VI. TRIALS
Editors Note: See also LR 83.1, Attorneys: Admission to Practice before the Court. LR 39: TRIAL BY JURY OR BY THE COURT

LR 39.1 PLEADINGS AND EXHIBITS; APPEAL RECORDS; CLOSED FILES Refer to LR 79.1 LR 39.2 TAXATION OF COSTS IN LATE-SETTLING CASES A. Settlement Before Trial. Whenever a civil action scheduled for jury trial is settled or otherwise disposed of in advance of the actual trial, then, except for good cause
CV - 48

shown, juror costs for one day shall be assessed equally against the parties and their counsel or otherwise assessed or relieved as directed by the court. Juror costs include attendance fees, per diem, mileage, and parking. No juror costs will be assessed if notice of settlement or other disposition of the case is given to both the courtroom deputy of the judge to whom the case is assigned and to the Jury Section of the clerk's office one full business day prior to the scheduled trial date. B. Settlement Before Verdict. Except upon a showing of good cause, the court shall assess the juror costs equally against the parties and their counsel whenever a civil action proceeding as a jury trial is settled at trial in advance of the verdict. The judge may, in the discretion of the judge, direct that the juror costs be relieved or that they be assessed other than equally among the parties and their counsel. LR 39.3 ATTORNEYS: AT TRIAL A. Presence During Trial.

(1) Presence Required. It shall be the duty of counsel in all jury cases to be present at all portions and phases of trial including the time during which the jury is considering its verdict, unless excused by the court. The court and court officials shall have no duty to telephone or notify counsel after the jury has retired to consider the verdict. (2) Presumptions. Unless the contrary affirmatively appears of record, it will be presumed that the parties and their counsel were present at all stages of the trial or, if absent, that their absence was voluntary and constituted a waiver of their presence. B. Limitations on Participation.

(1) Witness Examination. Unless the court permits otherwise, only one (1) attorney on each side shall examine or cross-examine a witness. (2) Argument to the Jury. (a) Unless the court permits otherwise, the merits of an action or proceeding shall not be argued by more than two (2) attorneys on each side. (b) The party bearing the burden of persuasion at trial shall be entitled to open and close the arguments to the jury. (c) If the party waives the partys right to make an opening argument, the partys rebuttal argument is limited to those matters argued by the opposing party in that partys closing argument.
CV - 49

(3) Attorney as Witness. In this court, an attorney for a party who is examined as a witness in an action or proceeding and who gives testimony on the merits shall not be permitted to argue the merits of the case or proceeding, either to the court or to the jury, except with the permission of the court. LR 39.4 RESTRICTIONS ON MEDIA AND RELEASE OF INFORMATION Refer to LR 83.4 LR 39.5 CONTINUANCES A. Generally. A continuance of any trial, pretrial conference, or other hearing will be granted only on the basis of exceptional circumstances. No such continuance will be granted on stipulation of counsel alone, but shall require an order of the court. B. Absence of Witnesses. Motions for continuance on account of the absence of any witness must show the steps which have been taken to secure the attendance of the witness and must reveal the nature of the witness' testimony. The motion must also state the time at which the witness will be available and, unless waived, must include a certificate of a doctor when illness of the witness is claimed. The stipulation of the adversary as to the witness' testimony shall be sufficient reason for denial of the motion for continuance.

LR 40:

ASSIGNMENT OF CASES FOR TRIAL

LR 40.1 TRIAL CALENDAR A case shall be presumed ready for trial on the first calendar after the pretrial order is filed unless another time is specifically set by the court.

LR 41:

DISMISSAL OF ACTIONS

LR 41.1 VOLUNTARY DISMISSAL Orders of voluntary dismissal under Fed.R.Civ.P. 41(a)(1) may be obtained from the clerk who is authorized to grant, sign, and enter such orders of dismissal.
CV - 50

LR 41.2 DISMISSAL WITHOUT PREJUDICE A. Omission of Response Date on Summons. Failure of a party or attorney for a party to state the correct response time on a summons or notice of lawsuit and request for waiver of service of summons attached to a complaint, third-party complaint, or any other pleading that requires a summons shall constitute grounds for dismissal of the action without prejudice. B. Failure to Effectuate Service of Process. In accordance with Fed.R.Civ.P. 4, the court may, with notice to the party on whose behalf service was required, dismiss the action without prejudice as to any defendant not served within 120 days after the filing of the complaint. C. Failure to Update Office Address and Number. The failure of counsel for a party or of a party appearing pro se to keep the clerk's office informed of any change in address and/or telephone number which causes a delay or otherwise adversely affects the management of the case shall constitute grounds either for dismissal of the action without prejudice or for entry of a default judgment. LR 41.3 DISMISSAL FOR WANT OF PROSECUTION A. Dismissal Authorized. The court may, with or without notice to the parties, dismiss a civil case for want of prosecution if: (1) A plaintiff or attorney willfully fails or refuses to make a case ready or refuses to cause a case to be made ready for placement on the trial calendar; or (2) A plaintiff or plaintiffs attorney shall, after notice, fail or refuse to appear at the time and place fixed for pretrial or other hearing or trial in a case or fail or refuse to obey a lawful order of the court in the case; or (3) A case has been pending in this court for more than six (6) months without any substantial proceedings of record, as shown by the record docket or other manner, having been taken in the case. B. Adjudication on the Merits. In accordance with the provisions of Fed.R.Civ.P. 41(b), a dismissal for want of prosecution operates as an adjudication upon the merits of the action unless the court specifies otherwise in its order of dismissal.

CV - 51

LR 43:

TAKING OF TESTIMONY

LR 43.1 DEPOSITION TESTIMONY AT TRIAL Counsel are required to list in the Pretrial Order all persons whose testimony at trial will be given by deposition and designation of the portions of each person's deposition which will be introduced. Objections not filed by the date on which the case is first scheduled for trial shall be deemed waived or abandoned. Extraneous and unnecessary matters, including non-essential colloquy of counsel, shall not be permitted to be read into evidence. No depositions shall be permitted to go out with the jury. LR 43.2 EXCUSAL OF WITNESSES All witnesses called to testify will be subject to the control of counsel who subpoenaed them (or secured their voluntary appearance). At the close of the witness' testimony, counsel need not ask the court's permission to excuse the witness. Rather, the witness may be excused unless other counsel requests at that time that the witness not be excused. If the witness is not excused, the witness must remain within the environs of the courtroom for the remainder of the court session on that day. Attendance on subsequent dates is not required unless the party desiring the witness' attendance serves a subpoena upon the witness. Payment of a witness' per diem and other covered expenses is the responsibility of counsel who on that date has the witness under subpoena.

LR 47:

SELECTION OF JURORS

LR 47.1 JURY SELECTION AND QUALIFICATION Prospective grand and petit jurors shall be selected and qualified and jury panels shall be drawn pursuant to the Jury Selection and Service Act of 1968, 28 U.S.C. 1861-70, and the current Jury Plan of this court. The Jury Plan of this court is attached hereto as Appendix A and is made a part of these rules. LR 47.2 VOIR DIRE PROCEDURES Counsel shall include in the proposed Pretrial Order: (1) A joint listing of the questions which the parties wish the court to propound to the jurors concerning their legal qualifications to serve.
CV - 52

(2) A listing by each party of requested general voir dire questions to the jurors. The court will question prospective jurors as to their address and occupation and as to the occupation of a spouse, if any. Follow-up questions by counsel may be permitted. The determination of whether the district judge or counsel will propound general voir dire questions is a matter of courtroom policy which shall be established by each judge. LR 47.3 RESTRICTED CONTACT WITH JURORS During trial or after the conclusion of a trial, no party, agent or attorney shall communicate with any members of the petit jury, including alternate or excused jurors, before which the case was tried without first receiving permission of the court.

LR 49:

SPECIAL VERDICTS AND INTERROGATORIES

LR 49.1 SPECIAL VERDICTS If counsel desire that the case be submitted to the jury in a manner other than upon a general verdict, counsel must attach the proposed verdict form to the Pretrial Order.

LR 51:

INSTRUCTIONS TO JURY; OBJECTION

LR 51.1 REQUESTS TO CHARGE A. When Due; Procedures. Requests to charge shall be filed with the courtroom deputy of the judge to whom the case is assigned no later than 9:30 a.m. on the date on which the case is calendered (or specially set) for trial unless otherwise ordered by the court. The requests shall be numbered sequentially with each request and the citations to authorities supporting the request presented on a separate sheet of paper. In addition to the original, counsel must file two copies of each request with the courtroom deputy and must serve one copy of the requests on opposing counsel. B. Content Sources. Requests should be drawn from the latest edition of the Eleventh Circuit District Judges Association's Pattern Jury Instructions and O'Malley's Federal Jury Practice and Instructions whenever possible. In other instances, only the
CV - 53

applicable legal principle from a cited authority should be requested. A short, one (1)page or less, statement of the party's contentions must be attached to the requests. LR 53: MASTERS

LR 53.1 SERVICE AS SPECIAL MASTER Pursuant to 28 U.S.C. 636(b)(2), a judge may designate a magistrate judge to serve as a special master in a civil case assigned to that judge. Appointments of magistrate judges as special masters are subject to Fed.R.Civ.P. 53 only when the order referring the matter expressly provides that the reference is made under Rule 53.

VII. JUDGMENT
LR 54: JUDGMENT COSTS

LR 54.1 BILL OF COSTS A bill of costs must be filed by the prevailing party within thirty (30) days after the entry of judgment. A bill of costs which is not timely filed will result in the costs not being taxed as a part of the judgment. LR 54.2 ATTORNEYS FEES A. Procedure for Determination. If a final judgment, including a judgment made final under Fed.R.Civ.P. 54(b), does not determine (or establish other procedures for determining) the amount of attorney's fees which are authorized by federal statute to be awarded by the court to or on behalf of a prevailing party or which may be sought under the equitable or inherent powers of the court, the following procedures shall apply: (1) The award of such fees (and expenses incident thereto not ordinarily allowable as taxable costs) shall be requested by special written motion addressed to the court and shall not be included in a cost bill, in a motion for taxation or retaxation of costs, or in a motion under Fed.R.Civ.P. 50(b), 52(b), or 59. (2) The motion shall specify the judgment and the statute or other grounds on the basis of which entitlement to the award is claimed and shall state the amount (or provide a fair estimate of the approximate amount) of the fees and expenses sought. Within thirty (30) days (or such other period as the court may prescribe) after filing the motion, the
CV - 54

movant shall file and serve a detailed specification and itemization of the requested award, with appropriate affidavits and other supporting documentation. (3) Hearings on the motion shall be conducted by the court in accordance with Fed.R.Civ.P. 43(e) and Fed.R.Civ.P. 78 and in accordance with applicable statutory and decisional standards. (4) Pendency of a motion filed under this rule does not extend the time for appealing from, or for filing a motion under Fed.Rs.Crim.P. 50(b), 52(b), or 59 directed to the judgment giving rise to the claim for attorney's fees. The court may, however, take the motion into consideration in ruling upon a motion for extension of time for appealing filed under Fed.R.App.P. 4(a)(5).

LR 55:

DEFAULT

LR 55.1 MAGISTRATE JUDGES: DEFAULT JUDGMENTS A. Pretrial Matters on Reference from Judge. The magistrate judges may, in appropriate cases, enter default judgments and review motions to set aside default judgments.

LR 56: SUMMARY JUDGMENT LR 56.1 MOTIONS FOR SUMMARY JUDGMENT A. Generally. Motions for summary judgment shall be filed in accordance with the provisions of Fed.R.Civ.P. 56, except that no date for a hearing shall be set until after the party opposing the motion has had twenty-one (21) days after service of the motion or a responsive pleading is due, whichever is later, in which to file a responsive pleading. In accordance with LR 7.1C, the parties shall not be permitted to file supplemental briefs and materials, with the exception of a reply by the movant, except upon order of the court. Form of Motion. (1) A movant for summary judgment shall include with the motion and brief a separate, concise, numbered statement of the material facts to which the movant contends there is no genuine issue to be tried. Each material fact must be numbered separately and supported by a citation to evidence proving such fact. The court will not consider any
CV - 55

B.

fact: (a) not supported by a citation to evidence (including page or paragraph number); (b) supported by a citation to a pleading rather than to evidence; (c) stated as an issue or legal conclusion; or (d) set out only in the brief and not in the movants statement of undisputed facts. (2) A respondent to a summary judgment motion shall include the following documents with the responsive brief: a. A response to the movants statement of undisputed facts. (1) This response shall contain individually numbered, concise, nonargumentative responses corresponding to each of the movants numbered undisputed material facts. (2) This Court will deem each of the movants facts as admitted unless the respondent: (i) directly refutes the movants fact with concise responses supported by specific citations to evidence (including page or paragraph number); (ii) states a valid objection to the admissibility of the movants fact; or (iii) points out that the movants citation does not support the movants fact or that the movants fact is not material or otherwise has failed to comply with the provisions set out in LR 56.1 B.(1). (3) The court will deem the movants citations supportive of its facts unless the respondent specifically informs the court to the contrary in the response. (4) The response that a party has insufficient knowledge to admit or deny is not an acceptable response unless the party has complied with the provisions of Fed.R.Civ.P. 56(d). b. A statement of additional facts which the respondent contends are material and present a genuine issue for trial. Such separate statement of material facts must meet the requirements set out in LR 56.1 B.(1). (3) If respondent provides a statement of additional material facts, then, within the time allowed for filing a reply, the movant shall file a response to each of the respondents facts. The range of acceptable responses is limited to: (a) an objection to the admissibility of the evidence upon which the respondent relies, (b) an objection pointing out that the respondents evidence does not support the respondents fact; (c) an objection on the ground that the respondents fact is not material or does not otherwise comply with the provisions set out in LR 56.1 B.(1), and (d) a concession that the court can properly consider the respondents evidence for purposes of the summary judgment motion. C. Exhibits. The parties must file as exhibits to their briefs the originals of any affidavits relied upon in their motion and response papers, and copies of those excerpts of depositions or other discovery materials that are referenced therein. In addition, when a
CV - 56

portion of a deposition is referenced and submitted, then the party in custody of the original of that deposition shall cause the entire deposition to be filed with the Court. LR 26.3B(1). D. Time. Motions for summary judgment shall be filed as soon as possible, but, unless otherwise ordered by the court, not later than thirty (30) days after the close of discovery, as established by the expiration of the original or extended discovery period or by written notice of all counsel, filed with the court, indicating that discovery was completed earlier.

LR 58:

ENTRY OF JUDGMENT

LR 58.1 FILING OF ORDERS Whenever an attorney obtains an order of any nature from a district judge or magistrate judge in chambers, the attorney shall immediately deliver the order to the clerk for filing. LR 58.2 SATISFACTION OF JUDGMENT Whenever the amount directed to be paid by any judgment or decree, together with interest and the clerk's statutory charges, shall have been paid into the court, the clerk shall enter satisfaction of said judgment and shall note same on the margin of the judgment. Satisfaction may be evidenced by either: (1) the filing of a satisfaction of judgment by the prevailing party, or (2) the filing of a motion by the defendant requesting satisfaction of the judgment of record. A copy of the motion must be served upon the prevailing party who shall have fourteen (14) days within which to object. Otherwise, the clerk shall be authorized to mark the judgment paid and satisfied in full. No pleadings or motions relating to the satisfaction of judgments shall be accepted for filing prior to the expiration of the time allowed for filing a bill of costs. Only the United States Attorney or authorized designee is authorized to sign an acknowledgment of satisfaction on behalf of the United States. The attorney, legal representative, or assignee of a judgment creditor must present evidence of authority to act when presenting an acknowledgment of satisfaction on behalf of the judgment creditor.

CV - 57

LR 58.3 REMITTITURS A. Judgment Affirmed or Appeal Dismissed. When the judgment of this court in a civil case has been affirmed or the appeal dismissed, the clerk shall immediately upon receipt of the remittitur from the appellate court file it upon record and shall notify counsel of record and/or the parties that the remittitur has been filed. B. Judgment Modified, Vacated, or Reversed. When the judgment of this court has been modified, vacated, or reversed on appeal, the clerk shall immediately present a proposed order to the court making the remittitur the judgment of this court and shall notify counsel and/or the parties of the entry of said order and that they are required to prepare and present promptly to the court any such further orders as may be required.

VIII. PROVISIONAL AND FINAL REMEDIES


LR 64: SEIZURE OF PERSON OR PROPERTY

LR 64.1 ENFORCEMENT OF INTERNAL REVENUE LAWS In accordance with 26 U.S.C. 7402, the magistrate judges are authorized to issue orders, warrants, or other processes as may be necessary or appropriate for the enforcement of Internal Revenue Laws including, but not limited to, warrants for seizure of property in satisfaction of tax assessments.

LR 65:

INJUNCTIONS AND RESTRAINING ORDERS

LR 65.1 REQUEST TO JUDGE FOR IMMEDIATE ORDER Whenever an attorney seeks an immediate order of the court, the attorney must submit a motion to the district judge to whom the case has been assigned if the district judge is present within the district. If the district judge is not available or if the case has not yet been assigned to a particular judge, the attorney shall contact the clerk for instructions as to which judge the motion should be submitted. All courtesy copies of proposed orders must be clearly marked. Refer to LR 7.5B regarding notice to adversary.

CV - 58

LR 65.2 MOTIONS TO WAIVE USUAL PROCEDURES Upon written motion and for good cause shown, the court may waive the time requirements of LR 7.1 and grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure.

LR 65.1: SECURITY: PROCEEDINGS AGAINST SURETIES LR 65.1.1 PROCEDURES RELATING TO BONDS A. Approval of Surety by Clerk. The clerk shall approve as to surety all bonds requiring approval (except criminal and bankruptcy bonds), unless otherwise provided by law, rules, or direction of the court. B. Officers of Court Not Accepted as Surety. No clerk, marshal, other officer of this court, or any practicing attorney at law will be accepted as surety on any bond or undertaking in any action or proceeding in this court. C. Surety Qualifications for Bonds for Costs. Unless otherwise provided by the court, every bond for costs under this rule must have as surety either: (1) A cash deposit equal to the amount of the bond, or (2) A corporation authorized to execute bonds under 31 U.S.C. 9304-08, or (3) An individual of the district with sufficient property, above all homestead and exemption rights, to render him or her liable for the amount of the bond and all costs incident to collecting same. D. Bonds Where Minor Involved. In all cases where a minor has sued and recovered by and through a next friend, the bond to be made by the next friend shall, unless otherwise ordered by the court, be in all respects as provided by the existing law of the State of Georgia, except that the obligee in the bond shall be the minor for whom recovery is had, and the bond shall be approved by the clerk. E. Bonds for Costs on Appeal. A party in a civil case appealing a judgment from this court shall not be routinely required to file a bond for costs on appeal. The court may, however, upon meritorious motion by a party or on its own initiative, order an

CV - 59

appellant or cross-appellant to file a bond for costs in an amount and with those conditions as the court may designate in its order.

LR 67:

DEPOSIT IN COURT

LR 67.1 REGISTRY FUNDS AND OTHER FUNDS IN THE CUSTODY OF THE CLERK OF COURT A. Registry Fund Accounts.

(1) Generally. An order of the court shall be required directing that funds in litigation be deposited in or disbursed from the registry of the court. All orders submitted to a judge pertaining to the investment or disbursement of registry funds must be certified by a financial deputy clerk to show that, prior to presentation of the order, counsel has contacted the financial section of the clerk for a determination of: (a) For investment orders: U.S. Treasury Regulations governing deposits of registry funds in banking institutions; (b) For disbursement orders: The amount of funds deposited in the registry of the court in a particular case. All orders signed by a judge directing that registry funds be invested into interest-bearing accounts other than the court's investment accounts as described in LR 67.1B(3) must be served by counsel upon the Clerk of Court or Chief Deputy Clerk. Counsel's failure to effect service shall relieve the clerk of any personal liability relative to compliance with the investment order. (2) Designated and Qualified Settlement Funds. If the court establishes or approves a "designated or qualified settlement fund" that will be held in the registry of the court, the court either shall approve the person named in the settlement agreement as administrator or shall designate as administrator the party that deposited the funds into the court's Registry. See Section 468B Internal Revenue Code, 26 U.S.C. 468B, and applicable Internal Revenue Service regulations including 26 C.F.R. 1.468B (57 Federal Register 60983-60995). The administrator shall be responsible for fulfilling all obligations of the fund relating to tax procedures, including all necessary filings and payments of taxes. If, for any reason, the order establishing the fund does not designate or approve an administrator, the party depositing the fund shall be deemed to be administrator for the purposes of complying with the fund's tax obligations and requirements, including the filing of necessary returns and the payment of all taxes.

CV - 60

B.

Receipt and Deposit of Registry Funds.

(1) Registry Administration Fee. The Director of the Administrative Office of the United States Courts has established, pursuant to Judicial Conference authorization, a registry fee to be assessed for the administration of funds held in the registry of the court and placed in interest-bearing accounts or instruments. The administrative fee assessed on a particular registry account shall be determined according to the fee schedule in effect at the time the account was opened or according to any amended fee schedule that is applicable to the account. The administrative fee is withdrawn from the income earned on the registry account at the time the account is closed for distribution. All fees collected shall be deposited by the clerk into the United States Treasury to reimburse the appropriations to the judiciary. The director publishes the fee schedule periodically in the Federal Register. Copies of the fee schedules are also available at the public filing counter of the clerk's office in each division. (2) Deposits into United States Treasury. Monies deposited into the registry of the court which have remained unclaimed for at least five (5) years and which are subject to withdrawal under the provisions of 28 U.S.C. 2042; confiscated funds in criminal proceedings (unless the court has expressly directed that these funds be deposited into an interest-bearing account); unclaimed wages in National Labor Relations Board actions; undeliverable monies; funds in which it is reasonably believed that the United States has substantial beneficial interest; funds deposited as a result of an answer to a summons of garnishment; and all other funds which the interest of justice so requires shall be deposited by the clerk into the official checking account of the Treasurer of the United States in accordance with the provisions of 28 U.S.C. 2043. (3) Deposits into Interest-Bearing Accounts. All monies tendered by litigants which are reasonably expected to accrue to the ultimate benefit of private parties (specifically including those funds deposited pursuant to 28 U.S.C. 1335 in civil actions of interpleader or in the nature of interpleader); cash security for bail bonds in criminal cases; cash cost bonds deposited in civil cases ordered removed under 28 U.S.C. 1446; injunction bonds as ordered by the court; deposits for Special Master's fees as ordered by the court; and cash appeal bonds ordered by the court pursuant to LR 65.1.1E, will be automatically deposited into one of the court's investment accounts, including, but not limited to, a commercial market investment account or commercial premium investment account at a depository designated by the court at the existing rate of interest. The deposit shall be made into the appropriate type of account paying the highest interest rate as determined by the total amount being deposited.

CV - 61

(4) Next Friend Cases. All monies made payable by decree of this court to minor and incompetent plaintiffs which are not paid directly to the plaintiff's authorized representative shall be deposited into one of the court's investment accounts at the designated depository. Such funds shall be disbursed only upon order of the court and only in the manner specified in the Order. (5) Cash Security for Criminal Bonds. The magistrate judge shall transmit all cash tendered as security for bonds posted in criminal cases to the clerk for deposit into one of the court's savings accounts at the designated depository. C. Investment of Registry Funds.

(1) Investment at Another Depository. Upon motion of an interested party, a judge of this court may in his or her discretion instruct the Clerk of Court to withdraw registry funds previously deposited into one of the court's investment accounts at a designated depository and direct reinvestment of the funds into an interest-bearing account at an approved depository other than that designated by the court. All funds shall be held in the court's investment account until the deposited check or draft has cleared the drawee bank. A listing of the current investment opportunities offered by the court's designated depository, with approval of the federal banking regulatory agency, and the minimum amounts necessary for participation in each investment form is available at the public filing counter in each division. (2) Release to Trustee. The court may consider a consent motion by the parties to have funds which are deposited in the registry account released to a trustee for some alternative form of investment, which may be reasonably expected to produce a higher return of interest. At the direction of the court, the trustee may be required to post a fiduciary bond. (3) Transfer of Funds to Registry. The court may, upon motion of the parties and/or in the discretion of the district judge, direct that registry funds on deposit in other banking institutions be transferred to the designated depository for investment in some form of interest-bearing account available under this rule. (4) Beneficiaries. Unless the court specifically provides otherwise, the ultimate beneficiary or beneficiaries of any appreciation resulting from investment in interestbearing accounts, bonds, or securities shall be that person or those persons ultimately found to be entitled to receive the principal thereof.

CV - 62

D.

Disbursement of Registry Funds.

(1) Motion for Disbursement. All motions for disbursement of registry funds shall specify the principal sum initially deposited, the amount(s) of principal funds to be disbursed and to whom, payee or attorney, the disbursement is to be made along with complete mailing instructions (full address and zip code of payee and attorney) and have attached thereto a proposed order of disbursal. (2) Order of Disbursal. Each proposed order of disbursal shall contain therein the following language: ...the clerk is authorized and directed to draw a check(s) on the funds on deposit in the registry of this court in the principal amount of $_____ plus all accrued interest, minus any statutory users fees, payable to (name of payee) and mail or deliver the check(s) to (payee or attorney)." If more than one check is to be issued on a single order, the portion of principal due each payee must be separately stated in the order. Social Security and Tax Identification Numbers and mailing addresses will not be included in a proposed order of disbursal, but that information will be provided by counsel for each payee in a cover letter or other document conveyed to but not filed with the court. (3) Payee Name. On all checks drawn by the clerk on deposits made into the registry of the court, the name of the payee shall be written as that name appears in the court's order providing for disbursement. (4) Time of Disbursement. The clerk will issue disbursements as soon after receipt of the Order for Disbursement as the business of the clerk's office allows, except when it is necessary to allow time for a check or draft to clear or when an order is appealable, and the disbursement may not be made until the time for appeal has expired. E. Disbursement of Monies Other than Registry Funds. Funds other than registry funds shall be disbursed by check drawn on the Treasury of the United States. The payee's name will be written as the name appears in the disbursement voucher approved by the clerk or designated approving officer. The name of the payee in the disbursement voucher shall conform to the name appearing in the clerk's records of the case to which the disbursement relates. The clerk shall endeavor to note of record the given name of all individuals making deposits of monies with the clerk. In those cases where the given name appears of record, disbursement vouchers and checks thereunder shall show the full given name, additional initials, if any, and the surname of the payee.

CV - 63

LR 69:

EXECUTION

LR 69.1 ISSUANCE OF WRITS OF EXECUTION Unless otherwise ordered by the court, Writs of Execution shall be prepared by the prevailing party or that party's attorney on forms made available by the clerk at the public filing counter. Writs so prepared must be approved and issued by the clerk.

IX. SPECIAL PROCEEDINGS


LR 71A: CONDEMNATION OF PROPERTY LR 71A.1 MASTER FILE FOR SEPARATE ACTIONS The clerk is authorized to establish a master file for those condemnation actions in which the United States files more than one condemnation action, but only one Declaration of Taking covering all of the actions. The filing of the Declaration of Taking in the master file shall constitute a filing of the Declaration in each of the separate actions.

LR 72:

MAGISTRATE JUDGES: PRETRIAL ORDERS

LR 72.1 MAGISTRATE JUDGES: CIVIL JURISDICTION AND DUTIES A. Non-Dispositive Pretrial Matters on Reference from District Judge. Nondispositive matters in a civil action referred to a magistrate judge by a district judge shall be heard and an order entered in compliance with Fed.R.Civ.P. 72(a). B. Dispositive Motions on Reference from District Judge. A magistrate judge shall promptly conduct any such proceedings as may be required in connection with a dispositive pretrial motion referred to the magistrate judge by a district judge. Objections to the magistrate judge's recommendation for disposition shall be processed in accordance with Fed.R.Civ.P. 72(b)(2). A listing of dispositive motions is contained in 28 U.S.C. 636(b)(1).

CV - 64

C. Prisoner Petitions. Except in cases in which the death penalty has been imposed, the magistrate judges may, unless otherwise directed: (1) Review habeas corpus petitions filed by state prisoners under 28 U.S.C. 2241, 2254 to determine the petitioner's eligibility to proceed in forma pauperis, issue orders to show cause, and any other orders necessary to obtain a complete record and issue orders pursuant thereto; conduct evidentiary hearings; and submit a report and recommendation to the district judge as to the proper disposition of the petition. (2) Review habeas corpus petitions and motions filed by federal prisoners under 28 U.S.C. 2241, 2254 to determine the petitioner's eligibility to proceed in forma pauperis, issue orders to show cause, and orders pursuant thereto; conduct evidentiary hearings; and submit a report and recommendation to the district judge as to the proper disposition of the petition or motion. (3) Review civil suits challenging conditions of confinement and for deprivation of rights filed under 42 U.S.C. 1983 to determine the petitioner's eligibility to proceed in forma pauperis, and issue orders pursuant thereto; conduct evidentiary proceedings; and submit a report and recommendation to the district judge as to the proper disposition of the case. Such proceedings shall be conducted in compliance with Fed.R.Civ.P. 72(b). D. Assignments to a Magistrate Judge. In a case referred to a magistrate judge, the magistrate judge will perform the duties assigned to him or her by the court or a district judge under court rule, plan, order or other document. A magistrate judge will perform other duties when those duties are assigned to him or her by the court or a district judge under court rule, plan order, or other document. The duties assigned to a magistrate judge by the court, and the manner of their distribution and assignment, are specified in a standing order of the court, available in the clerks office and on the courts website at www.gand.uscourts.gov.

LR 73:

MAGISTRATE JUDGES: TRIAL BY CONSENT AND APPEAL OPTIONS

LR 73.1 TRIALS OF CIVIL CASES UPON CONSENT OF PARTIES A. Jurisdiction. In accordance with 28 U.S.C. 636(c), the magistrate judges are authorized, upon the consent of all parties, to conduct any and all proceedings in any civil case filed in this court, including a jury or nonjury trial, and to order the entry of a final judgment. The magistrate judges shall be authorized to do and perform any act

CV - 65

which could be done by a judge. A record of the proceedings shall be made in accordance with 28 U.S.C. 636(c)(7). See also Fed.R.Civ.P. 73. Procedure. (1) Concurrently with the filing of a complaint in a civil case, the clerk shall notify the plaintiff or plaintiffs of the opportunity to consent to have the case heard, determined, and final judgment on the case entered by a magistrate judge. The notice shall be served with the complaint upon all other parties. At the direction of a judge, additional notices may be sent by a courtroom deputy at later stages of the proceedings. The notice used by the clerk shall conform to Form 81, Federal Rules of Civil Procedure Appendix of Forms (AO 85). (2) Except as provided in (3) below, a joint form consenting to the exercise of jurisdiction by a magistrate judge may be filed at any time. Consent forms complying with Form 34, Federal Rules of Civil Procedure Appendix of Forms (AO 85) are available at the public filing counter in each division. (3) For Social Security Appeals, the Commissioner of Social Security, who is represented by the United States Attorney, shall be deemed to have provided consent unless that consent is withdrawn as to a particular case at the time of filing the initial response to the complaint. Absent a withdrawal of consent, the clerk will reassign a case to the Magistrate Judge before whom the case is pending upon receipt of the Plaintiffs Notice and Consent to Proceed before a Magistrate Judge. B.

X. DISTRICT COURTS AND CLERKS


LR 77: DISTRICT COURTS AND CLERKS

LR 79:

BOOKS AND RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN

LR 79.1 PLEADINGS AND EXHIBITS; APPEAL RECORDS; CLOSED FILES A. Removal of Pleadings. Original pleadings in the custody of the clerk may be removed from the clerks office by the district judges, magistrate judges, official court reporters, special masters, or law clerks when necessary to expedite the business of the court.

CV - 66

B.

Filing of Exhibits.

(1) Admitted Exhibits. Exhibits, other than sensitive exhibits, offered and admitted into evidence at trial or at any hearing shall be delivered to the courtroom deputy who shall keep them in custody until a verdict is rendered in a jury case or a final order entered by the court in a nonjury case, unless the court has ordered otherwise. Sensitive exhibits shall remain in the custody of the introducing party unless the court orders otherwise. The deputy may permit United States magistrate judges and official court reporters to have custody of exhibits when necessary to expedite the business of the court. No persons other than United States magistrate judges and official court reporters shall be permitted to remove exhibits from the courtroom deputy's custody except upon order of the court in extreme circumstances. (2) Rejected Exhibits. Unless otherwise ordered by the court, exhibits tendered but not admitted into evidence shall be retained by the courtroom deputy in the same manner as admitted exhibits, except sensitive exhibits which shall remain in the custody of the introducing party unless the court has ordered otherwise. Rejected exhibits shall be identified as having been rejected on both the exhibit list and on the exhibits themselves. (3) Withdrawn Exhibits. Exhibits that are either withdrawn or not tendered shall not be retained by the courtroom deputy, but shall be shown on the exhibit list as having been withdrawn or not tendered. C. Inspection and Copying of Exhibits.

(1) Sensitive Exhibits. Sensitive and special criminal evidence may not be inspected or copied without specific leave of the court. Such evidence includes, without limitation, narcotics, weapons, currency, exhibits of a pornographic nature, articles of high monetary value, exhibits depicting or describing a particularly brutal crime, exhibits in a highly publicized case, and any other evidence designated by the court as being sensitive. (2) Sealed Exhibits. Exhibits ordered sealed or impounded by the court may not be inspected or copied by anyone, including attorneys for the parties, except upon leave of the court. (3) Other Exhibits. Attorneys of record for any party may inspect or copy without specific leave of court all exhibits, other than those exhibits defined in (1) and (2) above, which have been admitted into evidence or rejected. (4) Presence of Clerk Required. All inspections of exhibits of any type covered by this rule shall be conducted in the presence of the clerk or an authorized deputy clerk of this court. Inspections by attorneys for the parties are not excepted from this rule nor is

CV - 67

application of this rule affected by whether the inspection is being made with or without leave of court. D. Return of Exhibits.

(1) Generally. Unless otherwise ordered by the court, the clerk shall retain possession of all exhibits and substitute exhibits (see also LR 16.4B(19)(a)) received or offered into evidence at trial or any hearing until after the time for appeal has expired or, in appealed cases, until entry of the appellate court's mandate. The introducing party or the party's attorney shall retain custody of sensitive exhibits, documentary exhibits larger than 8 " x 11", and exhibits other than documents, during these times, unless otherwise ordered by the court. (2) Reclamation and Disposition of Unclaimed Exhibits. Counsel shall reclaim all exhibits from the clerk of court within thirty (30) days following expiration of the applicable time period as stated in (1) above. Exhibits not removed in accordance with this Rule shall be destroyed or otherwise disposed of by the clerk. E. Availability of Exhibits for Inspection or Appeal. The filing party or the party's attorney shall grant a reasonable request of any party to examine an exhibit returned to the filing party's custody. Any exhibit in the custody of the filing party or the party's attorney shall, upon request, be returned immediately to the clerk. In the event transfer of oversized documentary exhibits or exhibits other than documents to the appellate court is required, the filing party or the party's attorney shall be responsible for arranging and paying for such transportation. F. Chain of Custody. The filing party or the party's attorney shall be required to maintain a chain of custody for each returned exhibit during the time permitted for filing an appeal (see Fed.R.App.P. 4) and during the pendency of an appeal filed in compliance with Fed.R.App.P. 3. G. Transcripts. The original transcripts of testimony and any record of proceedings filed with the clerk by an official court reporter or commissioner shall not be removed from the clerk's office by the parties or anyone acting on their behalf. H. Appeal Records. LR 79.1E does not prohibit the forwarding of original records to the Court of Appeals in accordance with Fed.Rs.App.P. 10 and 11. Pursuant to the provisions of Rule 11(C) of those rules, the parties may request this court to retain the appeal record temporarily for use by the parties in preparing appellate papers.
CV - 68

I. Closed Files. Closed files of this court are forwarded to the Federal Records Center for this district, located in East Point, Georgia. Persons desiring use of any such files may, upon good cause shown on an appropriate form furnished by the clerk and payment of the prescribed fee, request that such files be returned for examination in the clerk's office. Alternatively, upon proper showing of good cause, the clerk may provide the requesting person the accession number(s) for the closed file(s), thereby facilitating review of the files at the Federal Records Center.

XI. GENERAL PROVISIONS


LR 83: RULES BY DISTRICT COURTS

LR 83.1 ATTORNEYS: ADMISSION TO PRACTICE BEFORE THE COURT A. Admission to the Bar of this Court.

(1) Eligibility. Any attorney who is an active member in good standing of the State Bar of Georgia is eligible for admission to the bar of this court. Continued membership in this court's bar is contingent on the attorney's maintaining active status in good standing with the State Bar of Georgia. (2) Admissions Procedure. (a) The clerk shall arrange and schedule a ceremonial admissions day twice each year to admit those attorneys having recently passed the Georgia Bar Examination. The clerk will publish appropriate notice of the dates for the special admissions ceremonies and the instructions applicable thereto. (b) Admission proceedings shall be regularly held in open court before a judge of this court as the first order of business on any Monday morning. Applicants for admission must complete and file with the clerk the petition for admission available in the clerk's office and must pay the prescribed enrollment fee. The following oath shall be administered to each petitioner at the time of admission: "I do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will bear true faith and allegiance to the Government of the United States; that I will maintain the respect due to the courts of justice and judicial offices; that I will well and faithfully discharge my
CV - 69

duties as an attorney and officer of this court; and that I will demean myself uprightly and according to the law and the recognized standards of ethics of the legal profession. So help me God." (3) Attorneys for United States. Attorneys representing the United States government or any agency thereof who reside within this district are required to be admitted to this court's bar before they shall be permitted to practice before this court. Notwithstanding this rule and provided they are at all times members of the bar of some United States District Court, assistant United States attorneys and attorneys representing agencies of the government shall be given eighteen (18) months from the date of their commission in which to become members of the State Bar of Georgia. During this period, these attorneys shall be provisionally admitted to the bar of this court. The requirements of this rule do not apply to those government attorneys who are expressly exempted by statute from a local bar membership requirement or to judge advocates of the Army, Navy, Marine Corps, or Air Force representing the United States in Magistrates Court. B. Permission to Practice in a Particular Case.

(1) Eligibility and Procedure. A non-resident attorney who is not an active member in good standing of the State Bar of Georgia, but who is a member in good standing of the bar of any United States court or of the highest court of any State may apply in writing for permission to appear pro hac vice. Applications for admission pro hac vice may be obtained from the clerk. The applicant shall state under penalty of perjury the applicant's (1) residence address, (2) office address, telephone number and facsimile number, (3) the courts to which admitted to practice and the dates of admission, and (4) a statement that the applicant is in good standing and eligible to practice in all courts to which admitted. Applications for admission pro hac vice must be accompanied by payment of a prescribed admission fee. A non-resident attorney will not be permitted to appear until the applicant's application for admission pro hac vice has been signed by the district judge to whom the case is assigned or by the district judge's courtroom deputy, if so authorized by the district judge. (2) Designation and Duties of Local Counsel. An attorney applying to appear pro hac vice must also designate a local member of the bar of this court with whom the opposing counsel and the court may readily communicate regarding the conduct of the case and upon whom papers shall be served. The designated local counsel must sign all pleadings and other papers filed in the case by the attorney appearing pro hac vice. The address, telephone number, facsimile number and written consent of the designated local counsel must be filed with the attorney's pro hac vice application.
CV - 70

If the non-resident attorney fails to respond to any order of the court for appearance or otherwise, the local attorney shall have the responsibility and full authority to act for and on behalf of the client in all proceedings in connection with the case, including hearings, pretrial conferences, and trial. C. Standard of Professional Conduct. All lawyers practicing before this court shall be governed by and shall comply with the specific rules of practice adopted by this court and, unless otherwise provided, with the Georgia Rules of Professional Conduct contained in the Rules and Regulations of the State Bar of Georgia and with the decisions of this court interpreting these rules and standards. D. Appearances.

(1) In Civil Cases. An attorney's appearance as attorney of record for a party may be evidenced, for plaintiff, by signature on the complaint at filing and, for defendant, by signature on the answer to the complaint or on a Fed.R.Civ.P. 12(b) motion filed prior to answer. Any other attorney who signs a subsequent pleading or paper on behalf of a party must file a notice of appearance with the clerk. An attorney whose appearance has not been previously noticed will not be permitted to represent a party at trial or in any other court proceeding until the attorney has filed a notice of appearance with the clerk. Failure to file a notice of appearance may result in the attorneys not receiving notices, orders, or other important communications from the court. (2) Pro se Appearance Limitations. Whenever a party has appeared by attorney, the party may not thereafter appear or act in the party's own behalf in the action or proceeding or take any step therein unless the party has first given notice of the party's intention to the attorney of record and to the opposing party and has obtained an order of substitution from the court. Notwithstanding this rule, the court may in its discretion hear a party in open court even though the party has previously appeared or is represented by attorney. (3) Duty to Supplement. Counsel shall have, in all cases, an affirmative duty to notify the clerk's office by letter, by internet/email notification, or through CM/ECF of any change in mailing address, telephone number and/or email address. Parties appearing pro se shall notify the clerks office by letter, of any change in mailing address and/or telephone number. A failure to keep the clerk's office so informed which causes a delay or otherwise adversely affects the management of a civil case shall constitute grounds for dismissal without prejudice or entry of a judgment by default.

CV - 71

E.

Withdrawal.

(1) Withdrawal Policy. Counsel will not ordinarily be allowed to withdraw after pretrial or at a time when withdrawal will cause a delay in the trial of the case. (2) Motions to Withdraw. This policy notwithstanding, an attorney wishing to withdraw the attorney's appearance in any action or proceeding or wishing to have the attorneys name stricken as attorney of record for a party in any case shall comply with the following procedure: (a) Submit to the clerk in duplicate for filing a motion requesting permission to withdraw. (b) The motion shall state that the attorney has given the client fourteen (14) days prior notice of the attorneys intention to request permission to withdraw and shall specify the manner of such notice. The notice shall be served upon the client, personally or at that clients last known address, and the notice shall contain at least the following information: (A) That the attorney wishes to withdraw; (B) The style of the action in which counsel seeks to withdraw, the name, address and telephone number of the Clerk and opposing counsel; (C) That the Court retains jurisdiction of the action; (D) That the client has the burden of keeping the court informed respecting where notices, pleadings or other papers may be served; (E) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set; (F) That if the client fails or refuses to meet these burdens, the client may suffer adverse consequences, including, in criminal cases, bond forfeiture and arrest; (G) The dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel; (H) That service of notices may be made upon the client at the clients last known address, and, (I) If the client is a corporation, that a corporation may only be represented in court by an attorney, that at attorney must sign all pleadings submitted to the court, and that a corporate officer may not represent the corporation in court unless that officer is also an attorney licensed to practice law in the state of Georgia, and that failure to comply with this rule could result in a default being entered against the corporate party; and (J) Unless the withdrawal is with the clients consent, the clients right to object within fourteen (14) days of the date of the notice. A copy of the notice shall be affixed to the motion. (c) The attorney shall serve a copy of the attorney's motion to withdraw upon opposing counsel and upon the client after filing the motion with the clerk.
CV - 72

(d) Fourteen (14) days after filing, the clerk shall submit the motion to the district judge for action thereon. Counsel wishing to withdraw from any civil action (except a class action) may be relieved from the requirement to file a motion to withdraw by filing a Certificate of Consent with the court that has been signed by the client, the withdrawing attorney, and the substituting attorney, if one has been selected by the client. If an attorney representing the United States or any agency thereof wishes to withdraw, it is not necessary that the client's signature appear on the Certificate of Consent, provided the client's consent is acknowledged by both the withdrawing and substituting attorney. (3) Leave of Absence. All leaves of absence shall be subject to the approval of the court. Petitions for leave of absence for periods greater than twenty (20) days in length must be made by motion. Lead counsel must file a petition, in each individual case where an absence is requested, designating the period of absence and the reason for the absence. A proposed order for the court shall also be attached. Absence of less than twenty-one (21) days requires lead counsel to submit a letter to the district judge's courtroom deputy requesting that a case not be calendared during the period of absence. Only lead counsel, as specified on the preliminary statement and scheduling order, need petition the court for leave of absence. A leave of absence does not extend previously set filing deadlines nor relieve counsel from other deadline requirements imposed by the court. (4) Responsibilities of Party Upon Removal of Attorney. Whenever an attorney withdraws or dies or is removed or suspended or for any other reason ceases to act as attorney of record, the party whom the attorney was representing must within twenty-one (21) days or before any further proceedings are had in the action before the court notify the clerk of the appointment of another attorney or of the party's decision to appear pro se. The party must also provide the clerk with the current telephone number and address of the newly-appointed attorney or of the party, if proceeding pro se. Failure to comply with this rule shall constitute a default by the party. F. Attorney Discipline.

(1) Discipline by Other Courts; Criminal Convictions. Whenever it appears to the court that any member admitted to practice in this court generally under LR 83.1A or specially under LR 83.1B has been suspended or disbarred from the practice of law by the Supreme Court of Georgia or by any other court of competent jurisdiction or has been convicted of a felony or any crime involving moral turpitude in any court, such disbarment, suspension, or conviction shall operate as an automatic suspension of the attorney's right to
CV - 73

practice in this court, and an order of suspension shall be issued by the court. An order of disbarment shall be issued thirty (30) days thereafter unless the attorney has by motion to the court shown good cause as to why the attorney should not be disbarred or that justice requires that disbarment not be imposed. (2) Misconduct. Complaints of professional misconduct, including those referred by judges, shall be submitted to the court in writing and shall state with particularity the circumstances out of which the charges arose. Complaints submitted by counsel are subject to the strictures of Fed.R.Civ.P. 11. All other complaints of professional misconduct, except those submitted by judicial officers of this court, shall be under oath. Upon receipt of a complaint regarding the professional conduct of an attorney in a proceeding before this court or when a complaint regarding an attorneys conduct in a proceeding in another court comes to the attention of this court, the district judge before whom the case is pending or to whom the alleged misconduct in another court has become known (or, in the district judge's discretion, the court) shall determine whether: (a) the inquiry should be terminated because the question raised is unsupported or insubstantial; (b) the alleged professional misconduct justifies further inquiry and, for members of the State Bar of Georgia, the matter should be referred to the State Disciplinary Board of the State Bar of Georgia for investigation and prosecution by that Board, if warranted; (c) the alleged professional misconduct warrants consideration of prompt disciplinary action by this court regarding the attorney's right to practice before the court, and the matter should be referred to the court's Committee on Discipline for investigation, notwithstanding concurrent reference of the matter to the State Disciplinary Board of the State Bar of Georgia; (d) the alleged professional misconduct of an attorney not a member of the State Bar of Georgia justifies further inquiry by the court and should be referred to a Committee on Discipline appointed by the court for investigation. Any attorney whose conduct in this court is under investigation by the Committee on Discipline shall not be specially admitted under LR 83.1B for participation in any other cases until the pending investigation is concluded. Whenever a judge determines that action is appropriate under (b), (c), or (d), above, the court shall provide the attorney whose conduct is the subject of the complaint a copy of the written allegations against the attorney. Nothing herein contained in this rule shall limit the right of an individual judge to manage the cases assigned to the district judge, which right shall include the authority to impose monetary penalties, to disqualify counsel from participation in a particular case, and to impose any other penalties or sanctions which may be appropriate in a particular case.

CV - 74

(3) Right to a Hearing. Except as provided in subsection (1) above, this court shall not impose any disciplinary action affecting an attorneys right to practice before the court until after a hearing on the matter has been held before the district judge to whom the case was assigned and upon a showing of good cause. The attorney may waive the right to a hearing. In those instances where the charge of misconduct was raised by a judge, the chief judge shall appoint another judge to hear the matter. At the hearing, the attorney whose conduct is the subject of the complaint shall be afforded an opportunity to appear in person and/or by counsel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing. If not called by the attorney whose conduct is being investigated, the district judge has discretionary authority to call the complaining party to appear at the hearing. This rule shall not apply to sanctions, penalties, or other restrictions imposed by a judge which are applicable only to a particular case pending before the district judge. (4) Sanctions. Discipline by this court may include disbarment, suspension from practice for a definite time, reprimand, or other discipline which the court deems proper. Referral of a complaint to the State Disciplinary Board of the State Bar of Georgia for investigation shall not constitute such discipline as to entitle the attorney to a hearing in this court on the propriety of the referral. (5) Committee on Discipline. The court shall appoint a Committee on Discipline composed of five (5) members selected by the court from the Bar Council for the Northern District of Georgia. No committee member shall serve for more than three (3) years. The committee shall at all times have at least two (2) members from divisions other than the Atlanta division. The committee shall have the power to investigate all charges of professional misconduct referred to it by the court. At the request of the committee, the clerk shall issue subpoenas and subpoenas duces tecum as may be required by the investigation. The committee shall at the close of the investigation make a written report to the court stating the discipline or other action recommended by the committee. All disciplinary proceedings shall be in-camera unless the court shall direct otherwise. A copy of the rules governing the committees procedures is attached as Appendix G. (6) Contempt of Court. Disciplinary proceedings under this Rule shall not affect or be affected by any proceeding for contempt under Title 18 of the United States Code or under Fed.R.Crim.P. 42. (7) Unauthorized Practice. Any person who before admission to the bar of this court or who while disbarred or suspended from the bar of this court exercises any of the privileges bestowed upon members of this bar or who pretends to be entitled to such

CV - 75

privileges shall be guilty of contempt of this court and shall be subject to punishment therefor and shall be subject to any other discipline which the court may impose. (8) Reinstatement. Persons disbarred from practice before this court may not petition for reinstatement within three (3) years following disbarment or within two (2) years following an adverse decision upon a previous petition for reinstatement. Persons suspended indefinitely must satisfy all conditions to reinstatement imposed by the court at the time of suspension. LR 83.2 TRIAL RELATED LOCAL RULES A. Taxation of Costs in Late-Settling Cases. Refer to LR 39.2 B. Attorneys at Trial. Refer to LR 39.3 LR 83.3 PETITIONS TO STAY EXECUTION OF STATE COURT JUDGMENTS; HABEAS CORPUS PETITIONS A. Procedure for Petitioning to Stay. A petitioner seeking a stay of enforcement of a state court judgment or order shall attach to the petition a copy of all state court opinions and judgments relating to the matter. The petitioner shall also state whether or not petitioner has previously petitioned this court or any other federal court for relief arising out of this same matter. The reasons for denying relief given by a court that has considered the matter shall be attached to the petition. If the court did not issue a written order stating its reasons for denying relief, a copy of all relevant portions of the transcript shall be attached to the petition. If petitioner raises an issue which was either not raised or not fully exhausted in state court, petitioner shall state the reasons why such action was not taken. B. Successive Petitions. A second or successive petition for habeas corpus may be dismissed if the court finds: (1) that the petition fails to allege new or different grounds for relief, or (2) that the failure of the petitioner to assert those grounds in a prior petition constitutes an abuse of the writ, or (3) that the petition is frivolous and entirely without merit.

CV - 76

Second or successive petitions not dismissed on one of the above-stated grounds shall be given expedited consideration by the court. LR 83.4 RESTRICTIONS ON MEDIA AND RELEASE OF INFORMATION A. Television and Radio Broadcasting, Tape Recording, or Photographing Judicial Proceedings. The taking of photographs and operation of tape recorders in the courthouse and radio or television broadcasting from the courthouse during the progress of or in connection with judicial proceedings, including proceedings before a United States Magistrate Judge, whether or not court is actually in session, is prohibited. A judicial officer may, however, permit (1) the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record, and (2) the broadcasting, televising, recording, or photographing of investiture, ceremonial, or naturalization proceedings. Cameras and/or any electronic devices equipped with cameras, including cellular telephones, personal digital assistants and laptop computers, will not be allowed into the courthouses of this district except by court order or by direct escort and supervision of an employee of a federal agency whose offices are located therein. To facilitate the enforcement of this rule, no photographic, broadcasting, sound or recording equipment other than the recording equipment of the United States magistrate judges and the official court reporters, will be permitted to be operated on the floors of the courthouse occupied by the court, except as otherwise permitted by order of the judicial officer before whom the particular case or proceeding is pending. Portable computers, cellular telephones, pagers and personal communication devices without cameras may be transported onto floors occupied by the court; however, these devices shall not be operated in any courtroom or hearing room nor shall they be operated in any public area where their operation is disruptive of any court proceeding unless otherwise permitted by order of the court. All electronic photographic, broadcasting, sound or recording equipment brought into the courthouses shall be subject to inspection by the United States Marshals' Service. B. Provisions for Special Orders in Widely Publicized or Sensational Civil Cases. In a widely publicized or sensational civil case, the court, on motion of

CV - 77

either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the parties or the rights of the accused to a fair trial by an impartial jury; the seating and conduct in the courtroom of spectators and news media representatives; the management and sequestration of jurors and witnesses; and any other matters which the court may deem appropriate for inclusion in such an order.

LR 83.5 WEAPONS NOT ALLOWED IN COURTHOUSE A. Weapons Not Allowed. Firearms or other weapons shall not be worn or brought into the courtrooms of this court or into the buildings in which they are located, except with the specific authorization of the court. The court has excused, to the extent hereinafter stated, the following persons or groups from this rule: (1) The United States Marshal and his duly assigned deputy marshals, court security officers and other security personnel engaged by the U.S. Marshal. (2) Federal Protective Service officers on assignment or upon call. (3) Any federal law enforcement officer presenting a prisoner before a magistrate judge for initial appearance. (4) Other federal law enforcement officials whose permanent assignment offices are located within the security parameters of the various courthouses; provided, however, that this exclusion does not allow these officials to carry weapons to the facilities of the United States District Court, including, but not limited to judges' chambers, offices and courtrooms. (5) United States Probation Officers are authorized to wear or carry firearms to and from their offices within the district's courthouses, but probation officers are not authorized to wear firearms inside their offices. Firearms brought to the probation office will be secured in a locked container. (6) Other officers as designated by court order. B. Checking of Weapons. Firearms and weapons must be checked with security personnel. If no security officer is on duty or locatable, weapons should be checked with either the clerk or the United States Marshal. C. Sanction for Noncompliance. Any person or law enforcement officer who fails to comply with this rule shall be guilty of contempt and shall be subject to the appropriate disciplinary action.

CV - 78

LR 83.6 CERTIFICATE OF INTERESTED PERSONS Refer to LR 3.3

LR 83.7 BANKRUPTCY JUDGES A. Delegated Jurisdiction. Bankruptcy judges are judicial officers of this court serving in the unit of this court known as the United States Bankruptcy Court for the Northern District of Georgia. Each bankruptcy judge shall perform the duties set forth and may exercise the authority conferred in Section 104 of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98-353, 98 Stat. 333 (July 11, 1984) (to be codified as 28 U.S.C. 151-58) with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the bankruptcy court, except as otherwise provided by law or by rule or order of this court. B. Jury Trials in Bankruptcy Court. In accordance with 28 U.S.C. 157(e), the bankruptcy judges of this court are specially designated to conduct jury trials where the right to a jury trial applies. This jurisdiction is subject to the express consent of all parties pursuant to the procedure set forth in BLR 9015-2, NDGa.

LR 83.8 TRUTH-IN-LENDING ACTIONS A. Referral to Magistrate Judges. Actions brought by individual plaintiffs under the Truth-in-Lending Statute seeking relief under 15 U.S.C. 1635, 15 U.S.C. 1640, or both shall be automatically referred to the magistrate judges of this court once the answer and counterclaims have been filed. Additional information regarding these actions is set forth in LR 72.1D.

LR 83.9 ADMINISTRATIVE APPEALS A. Social Security Actions. Actions brought under Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), and related statutes to review administrative determinations shall be automatically referred to the magistrate judges of this court once issue has been joined. In all actions brought under 42 U.S.C. 405(g), the government shall automatically

CV - 79

be granted an additional forty (40) days in which to answer, for a total response time of one hundred (100) days. B. Other Administrative Appeals. The magistrate judges are authorized to review the administrative awards of licenses and similar privileges and civil service cases involving matters such as adverse action, retirement questions, and reductions in force.

LR 83.11 INTERNAL REVENUE ACTIONS A. Review of Jeopardy Assessments. All actions arising under 26 U.S.C. 7429 shall bear the designation "Review of Jeopardy Assessments" on the complaint next to the style of the case. Upon filing such an action, the filing attorney shall immediately present a motion for rule nisi to the judge to whom the action has been assigned in order that the action might be promptly brought to the judge's attention. Failure to comply with this rule may result in dismissal of the action. B. Enforcement of Internal Revenue Summonses. Petitions for the enforcement of Internal Revenue Summonses shall be heard by the magistrate judges. Refer to LR 72.1D for additional information. C. Enforcement of Internal Revenue Laws. The magistrate judges are authorized to issue orders, warrants, or other necessary or appropriate processes for the enforcement of the Internal Revenue laws. Refer to LR 64.1 for additional information.

LR 84:

FORMS

LR 84.1 Appendix B: Documents Associated With Civil Cases (Appendix B) A. B. C. D. Plaintiffs Initial Disclosures (App. B, Form I.A.) Defendants Initial Disclosures (App. B, Form I.B.) Joint Preliminary Report and Discovery Plan (App. B, Form II) Pretrial Order (App. B, Form III)

CV - 80